Can A Natural-Born Citizen Be Deported?

.Kell

pic from dailymail.co.uk

I was watching a news/opinion type program, from my sofa, the other day.  This lovely and very thin blond actress is being interviewed about a complex dilemma she has found herself in.

After hearing her and her childrens story, the first thing that pops into my mind is, naturally, natural born citizenship.  How should the United States view the citizenship of her two children, and what action, if any, should take place?

“Judge Gesmer seized my children and their U.S. passports, and forced them to leave the United States and reside in Monaco, a country where neither they nor I, nor even their father, has citizenship.”

A US Judge seized the passports of two US citizen minors, and shipped them off to Monaco.  The mother of the children, Kelly Rutherford, is a US citizen of good standing.  Not a dual-type, but sole allegiance.  She was married to a fellow who was in the US on a visa.  His visa expired was revoked, so he did a very unusual thing and actually left the US.  The problem is that he moved on and then filed for custody rights while living in France/Monaco, and he won.

How is that a “thing”?  Well, here we have a non-citizen husband on a visa married to a US citizen woman.  Apparently he was not to collect automatic US citizenship just by virtue of being married to her, so he doesn’t rate as a mail-order Japanese variety of bride as those do get marriage citizenship eventually.  Nope, he was still a foreigner, as he apparently isn’t a Mexican either.

The children, however, are both US citizens.  They are not and never were, according to Ms. Rutherford, dual-citizens, but indeed have sole allegiance.  They are US citizens, born in California, which is in the United States of America, although largely peopled by folks who are not US citizens.

The mother a US citizen, sole allegiance.  The two children are US citizens, sole allegiance and actually BORN on US soil.  The children have no other citizenship in any other territory or land.  The father of the two children is a non-US citizen.  Some country where he is pleased to abide has awarded custody of the two US children to Mr. Divorced Husband , and so (correction: the initial ruling was out of a CA court (even scarier IMO) the US court basically DEPORTED the two US citizen children, born to to US citizen mother on US soil, to Monaco where they do not have citizenship, but do have a father who is apparently not a citizen of Monaco either.

One question, after all that, is this:  IF obama daddy, who was indeed a Kenyan citizen, was awarded custody, in a Kenyan court, (or U.S.A. liberal court) of bitty baby obama, and the US court upheld the ruling to deport bitty baby obama, a dual-citizen of Britain-United States to his daddy to live all Kenyan-style, would he still be considered a “natural-born citizen”?

sorry, I’ve been trying to do the corrections and my computer keeps freezing up

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~ by ladysforest on August 17, 2015.

4 Responses to “Can A Natural-Born Citizen Be Deported?”

  1. What is the citizenship of the father? Where did the divorce take place? What are the custody arraignments (IIRC they are 50/50 joint custody)? Will the children return to the US when it is the mother’s turn for custody?

    If he had been a US citizen and moved to Monaco. Would the Monaco court still be able to have the children sent to him. BTW, this isn’t technically deportation.

    • From what I can find after more digging, the paternal grandmother lives in France, but the Dad lives in Monaco, It was actually a CA court (have updated the post) that made the initial ruling for the children to be sent to live with their father “temporarily” while he “worked on” getting his visa issues fixed. I misunderstood which court made the ruling when Kelly was telling the story. The mother, Kelly, was supposed to have visitation rights. The judge sent the kids, who had never lived outside of the US, to live with the father because Kelly could travel to visit them there – but the father couldn’t come here due to his visa being revoked. Apparently it turns out he is a bit of a shady dude. Older article:
      snip:
      “In all custody cases, the court must look to what is in the “best interest” of the children, a squishy standard that dictates that the children’s welfare must come first. There was no suggestion that Giersch was a better parent, just an exiled one. The two choices before the court: New York, where the kids had lived for much of their lives, made friends and had doctors, or the small town of Mougins, France, where Giersch’s mother apparently has a home.

      Put aside the fact that neither of the parents are French citizens, both of these children were born and raised in the United States. Amazingly, the legal question was whether the children of a loving American mother should be forced to live in a country where neither parent has citizenship because their father had done something that made him illegible to remain in the United States. Not surprisingly, an independent lawyer retained to represent the children’s interests sided with Rutherford, arguing that the best interest of the children would be served by remaining in New York.

      However, Judge Beaudet disagreed and ordered the move: “The best interests of the children will be served because the relocation plan for France is the only plan that offers the possibility of nearly equal parenting time while Giersch can not return to the U.S.”

      Rutherford can legally fly to France and he can’t legally fly here, so the American children’s best interest is to be wherever exiled Papa is permitted to live?”

      BTW, I know it isn’t *technically* deportation. Being forced to go to a country you are not a citizen of isn’t deportation. It’s rather worse.

  2. Because that is where he is living at present. He seems to be a bit of a rolling stone. As to his businesses – seems to have something to do with why the US revoked his visa.

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