Nikki Haley is constitutionally ineligible from holding the position of President or Vice President of the United States due to being born to legal immigrants that were not U.S. Citizens at the time of her birth.
Is Nikki Haley an Anchor Baby?
A 2011 article by National Review defended Nikki Haley in response to a Daily Beast article that contained a slideshow featuring Nikki Haley. Per the National Review, “[t]he Daily Beast has a really pathetic slideshow on famous “anchor babies” like Colin Powell and Nikki Haley.” The Daily Beast has since updated their article in 2017 to make the title politically correct as “Famous Children of Immigrants: Nikki Haley, Walt Disney & More (Photos).” The National Review argues that Nikki Haley is not an anchor baby since her parents immigrated to the United States legally as opposed to anchor babies born in the United States from immigrants that came to the United States illegally.
A Google search of “anchor baby” returned a result from Oxford dictionary which states the term as offensive and defined as “used to refer to a child born to a noncitizen mother in a country which has birthright citizenship, especially when viewed as providing an advantage to family members seeking to secure citizenship or legal residency.”
So, is Nikki Haley an Anchor Baby? I’ll let you decide. If the shoe fits, wear it.
However, this same subject along with the issue of her eligibility for POTUS appeared in a September 2015 edition of The State featured on thestate.com. The State is a South Carolina based Newspaper. The article mentioned that in her short lived run for POTUS in 2015, Nikki Haley’s eligibility for the office of the President and Vice President was questioned. A quote provided to The State from Haley’s Office stated:
“Haley’s parents were Indian immigrants who did not become U.S. citizens until after her birth in 1972. Her father, Ajit Randhawa, became a naturalized U.S. citizen in 1978, Haley’s office said. Her mother, Raj Randhawa, became a U.S. citizen in 2003, a year before Haley won a seat in the S.C. House.”
In September of 2015, in Greenville, SC, Nikki co-hosted a forum with some of the candidates for President in attendance. Six of the candidates in attendance at the forum had already expressed as part of their campaign positions, including opposition of birthright citizenship that Nikki does not qualify to be a President or Vice-President of the United States. Opponents of birthright citizenship at the forum were: retired Maryland neurosurgeon Ben Carson; New Jersey Gov. Chris Christie; U.S. Sens. Ted Cruz of Texas and Rand Paul of Kentucky; former U.S. Sen. Rick Santorum of Pennsylvania; and Louisiana Gov. Bobby Jindal, who also was born in the United States to Indian immigrants who were not yet U.S. citizens. These candidates each vowed to re-examine the 14th Amendment, which gives automatic U.S. citizenship to children of immigrants who are born in this country. Donald Trump and Lindsey Graham, also candidates for POTUS at the time, were not in attendance at the forum, but they had also questioned birthright citizenship.
In 2015, Haley’s then Press Secretary, Chaney Adams released the following statement:
“The Governor believes the nearly 150-year old constitutional guarantee of citizenship to children born in America has served our country very well and should continue for those who enter our country legally. While she appreciates discussion of the issue of birthright citizenship, she believes it’s one that distracts from the serious problem Washington politicians, including members of Congress and presidents, have for years failed to address, and that’s illegal immigration. Once we get illegal immigration under control, the citizenship question will be a non-issue, as it was for most of the last 150 years.”
Ron DeSantis’s 2024 Presidential campaign seems to support the fact that Nikki Haley is ineligible for the Presidency and Vice Presidency. DeSantis says he wants to end “birthright citizenship” because he believes it entices people to enter the U.S. illegally. Here is his position statement:
“We will take action to end the idea that the children of illegal aliens are entitled to birthright citizenship if they are born in the United States. Dangling the prize of citizenship to the future offspring of illegal immigrants is a major driver of illegal migration. It is also inconsistent with the original understanding of 14th Amendment, and we will force the courts and Congress to finally address this failed policy.” –GOP Presidential hopeful Ron DeSantis
Is Nikki Haley Eligible to Become President or Vice President?
The short answer is no and we will explain why. Our reporting will likely inspire some to call us “Birthers”, but facts don’t care about feelings and neither does the U.S.Constitution. Nikki Haley was not born from U.S. Citizens and is not a Natural Born Citizen. Nikki has a birthright citizenship. Nikki Haley was born Nimarata Nikki Randhawa on 1/20/1972 in Bamberg, South Carolina to Non-U.S. Citizens, legal Sikh immigrants from Punjab, India. As a result of Haley’s parents not being U.S. Citizens at the time of her birth in the United States, she has a birthright citizenship under the 14th Amendment and therefore is not eligible to be President of the United States or Vice President of the United States.
As was previously highlighted, The State, a South Carolina based Newspaper, mentioned a quote from the Office of Nikki Haley which stated that her parents were not U.S. Citizens at the time of her birth in 1972 and did not become citizens until 1978 and 2003. Per U.S. Citizenship and Immigration Services and Archives.Gov, citizenship takes a minimum of 5 years. It is unclear if either of her parents ever became U.S. Citizens. Prior to 1991, the Federal Courts processed citizenship. A PACER search of federal courts, even in South Carolina, returned no records.
Unfortunately, we were unable to confirm the accuracy of the statement from the Office of Nikki Haley made in 2015. Naturalization records, Certificates of citizenship, were handled by Federal Courts until 1991. No search results were returned from a PACER search of the South Carolina Federal Court, that handles cases in the jurisdiction of Bamberg, SC, or any Federal Court using the search terms of “Randhawa” or “Randhawa, Ajit” and searching for Immigration or all cases.
Beginning April 1, 1956, Immigration and Naturalization Service (INS) began filing all naturalization records in a subject’s Alien File (A-File). C-Files and certain A-Files can be requested through the USCIS Genealogy Program. Ancestry.com appears to have a record. However, a membership is required to access these records. If you are a naturalized citizen seeking your own documentation, you can place a Freedom of Information Act (FOIA) request to USCIS to obtain a copy of your A-File and/or request a replacement certificate of citizenship from USCIS. We are unable to confirm via FOIA request to USCIS without the written permission from the individual that the record pertains to.
However, it does not matter whether or not Nikki Haley’s parents ever became citizens of the United States. Haley is ineligible from becoming President or Vice President of the United States because she is not a Natural Born Citizen. Per WhiteHouse.gov and Constitution.Congress.gov, the Constitution lists only three qualifications for the Presidency, the President must:
- Be at least 35 years of age
- Be a natural born citizen
- Have lived in the United States for at least 14 years
Per the Fordham Law Review, other presidential eligibility restrictions exist elsewhere in the Constitution as well. For example, the Twenty-Second Amendment prevents any person from being elected President more than twice or from a person being elected more than once if he has served more than two years of a term to which some other person was elected. This ensures that a Vice President who succeeds the office of the US Presidency to fill the shoes of a sitting President who dies or resigns can only be elected once more.
Constitution.Congress.gov uses Justice Story’s Commentaries on the Constitution 3:§§ 1472–73, Id. § 1473, on Article 2, Section 1, Clause 5 of the U.S. Constitution when explaining that the Framers appear to have adopted the requirement that citizens be natural born citizens to ensure that the President’s loyalties would lie strictly with the United States. By barring naturalized citizens from the presidency, the requirement of being a natural born citizen, as Justice Story explained, protects the United States from ambitious foreigners, who might otherwise be intriguing for the office; and interposes a barrier against those corrupt interferences of foreign governments in executive elections, which have inflicted the most serious evils upon the elected monarchies of Europe.
Further, Nikki Haley is not Qualified to be Vice President of the United States under the 12th Amendment to the United States Constitution, which states in part that “no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.”
A TDS crazed 2021 statement by Rep.Ted Lieu, Congressman from California’s 36th District, even admits that a Natural Born Citizen is one born of at least one U.S. Citizen in the United States and advocates for eliminating the “ceiling” that it imposes for the office of President, even going as far to include naturalized citizens that were foreign born.
“That constitutional clause requires that anyone holding the presidency be born a citizen of the United States — either born on US territory or, if born abroad, the child of at least one US citizen. Tens of millions of immigrants who live in the United States, including 18 who serve in Congress, are thus categorically disqualified from holding the country’s highest office. Never amended since the Constitution’s adoption, the clause implies that naturalized Americans, who affirmatively chose to be part of this country, are inherently unsuited as stewards of its political institutions while those born on US soil are automatically better ones.” – Rep. Ted Lieu
Legal Information Institute (LII) an independently funded project of Cornell Law School, explains that Natural born citizens have all the same privileges and responsibilities as other U.S. citizens except for U.S. presidential eligibility. To become the President or Vice President of the United States, a person must be a natural born citizen. This “Natural Born Citizen Clause” is located in Section 1 of Article 2 of the United States Constitution.
What is a Natural Born Citizen?
The Supreme Court has not ruled concretely on what makes a person a “Natural Born Citizen” versus someone with only birthright citizenship. There appears to be a more prominent legal focus on children born to U.S. Citizen parents abroad versus a child born to non-U.S. Citizens on our soil. There have been legal challenges to Presidential Candidates such as Ted Cruz, Barack Obama, and John McCain. Per a Georgetown University Law Center Immigration and Nationality Review Article, There is a general agreement on the core meaning that anyone born on American soil whose parents are citizens of the United States is a “Natural Born Citizen.”
In the Hassen v. Colorado case, that was mentioned by the petitioners during the Section 3 of the 14th Amendment case brought to disqualify Trump from the ballot, the magistrate judge concluded that the Fourteenth Amendment did not affect the validity of Article II’s distinction between natural-born and naturalized citizens. It also found from other cited case law that a state’s legitimate interest in protecting the integrity and practical functioning of the political process permits it to exclude from the ballot candidates who are constitutionally prohibited from assuming office.
The 1874 case Minor v Happersett created a framework defining a natural born citizen as any child born in a country of parents who were citizens of that country when it held:
- The word “citizen ” is often used to convey the idea of membership in a nation.
- In that sense, women, if born of citizen parents within the jurisdiction of the United States, have always been considered citizens of the United states, as much so before the adoption of the Fourteenth Amendment to the Constitution as since.
The 1898 case of the United States v. Wong Kim Ark held that a child who was born in the United States to Chinese-citizen parents who are lawful permanent residents of the United States is a U.S. citizen under the Citizenship Clause of the Fourteenth Amendment. The court opinion stated that because Wong was born in the United States and his parents were not “employed in any diplomatic or official capacity under the Emperor of China,” the Citizenship Clause of the Fourteenth Amendment automatically makes him a U.S. citizen. This read like a birthright citizenship versus a natural born citizenship.
The 1939 case of Perkins v. Elg held a decision by the Supreme Court of the United States that “a child born in the United States to naturalized parents on U.S. soil is a natural born citizen and that the child’s natural born citizenship is not lost if the child is taken to and raised in the country of the parents’ origin, provided that upon attaining the age of majority, the child elects to retain U.S. citizenship “and to return to the United States to assume its duties.” Therefore, a child born in the United States from naturalized citizens, immigrants that became U.S. Citizens, is a natural born citizen. Even if the parents expatriate themselves, this does not automatically expatriate the natural born citizen child and allows for the child to reestablish allegiance to the United States.
A 2018 post on Scribd and Calameo authored by a U.S. Constitution History Author and Retired Naval Commander Charles Kerchner, who sued the Obama Administration – case was denied in 2010 and recently posted to X in opposition to the Colorado Supreme Court Ruling to remove President Trump from the ballot– argued that Nikki Haley is not a natural born citizen of the U.S. based on the Constitution. He provided a three leg test, and formed this basis by studying the intent of our founding fathers and framers of the U.S. Constitution. Kerchner claimed that Haley did not have at birth allegiance to just one country with parents that were both foreign nationals, and this is not what the framers of the Constitution had in mind when limiting the office of the President to a natural born citizen requirement versus a birthright requirement.
ProtectOurLiberty.org is affiliated with Kerchner and listed as the organization that uploaded his presentation on Nikki Haley not being constitutionally eligible for President. Per the ProtectOurLiberty.com site, we must not allow again the true original meaning, intent, understanding, and purpose of the “natural born citizen” clause in Article II of our U.S. Constitution (which was for it to be a strong check against those born with foreign influence on them from ever becoming the Commander in Chief of our military) to be subverted no matter who the candidate is or which political party they belong to. ProtectOurLiberty has published articles on more politicians than just Nikki Haley who are not eligible for office under a Scribd post titled “Some Politicians Seeking High Office Who Are Not A ‘Natural Born Citizen’ of U.S.”
In 2021, Bill Bledsoe, an independent journalist, penned an article in the The Standard, a South Carolina based new source, that seemed supportive of Nikki Haley, thankful for her public service and accomplishments but mentioned that Haley running for office would be a violation of federal law since she is not a natural born citizen.
A post on usnaturalborncitizen.com states that Nikki Haley is a typical 14th Amendment Citizen, born on U.S. Soil to two foreign parents and is not eligible to be President. This seems similar to the stance provided by the DeSantis campaign that seeks to “correct” the 14th Amendment to remove the ability of children of illegal immigrants from being “birthright citizen” eligible under the 14th Amendment to the Constitution.
A local California based newspaper serving the towns of Fallbrook and Bonsall, Village News, ran an article in their March 9 2023 publication by Judy Willis, chairman of Fallbrook Republican Women and Fallbrook spokesperson for California School Choice, claimed that Nikki Haley is not a natural born citizen and is ineligible for President of the United States. Willis argues that while no definition for natural born citizen is provided in the text of the Constitution, the definition was commonly understood as well as provided for in “Vattel’s Law of Nations” that was present and used at the Constitutional Convention.
Jay Weller, a Florida attorney, of the Weller Law group posted to his blog that Nikki Haley is not a natural born citizen and is ineligible to become President of the United States.
The forces towards globalism and weakened State sovereignty, more than perhaps any time in the history of the United States, require that Natural Born Citizen be defined in its most restrictive manner. To weaken the requirements for a person to qualify as a Natural Born Citizen, because of the modern goals of globalism, and vanishing borders favored by some, is directly treasonous to the principles promulgated by the United States Constitution and the United States Constitution itself. Such a conception is an affront to the United States Constitution, the principles held by Emmerich de Vattel, of the sovereignty of States, natural law, and the intentions of the founding fathers. A Natural Born Citizen can only be a person who is born in the United States, or its Territories, and is born to two parents, both of whom were Citizens of the United States at the time of the birth of the party in question. Equipped with this definition, the determination of the eligibility of numerous persons to the Presidency is quite simple. – Jay Weller, Natural Born Citizen Defined – Part 3
Our Conclusion is that Nikki Haley is not a natural born citizen, and therefore, she is not eligible to become the President or the Vice President of the United States. Our Constitution needs to be read and enforced, not rewritten. Nikki Haley cannot consider herself a constitutional conservative and violate constitutional law at the same time. We call on Nikki Haley to immediately drop out of the 2024 Presidential race.
Pretty sure Ted Cruz is also an illegal invader
Cruz is NOT a Natural Born Citizen of the USA.
Because some politicians choose to hide their background data, there is some suspicion that Ted Cruz’s mother may have relinquished her US citizenship while in Canada prior to baby Rafael’s birth on December 22, 1970. Nonetheless, any person born overseas to one or two US citizen parents is a statutory US citizen and ineligible for the POTUS.
0bama was ineligible. Never fotget.
You are right, but can you expand on your view?
Another interesting point to consider is that every single member of Congress is technically in line for the presidency. If an attack occurred that killed a significant portion of the administration then it would fall to a senator or other representative to act as president. Because of this every single foreign born or anchor baby member of Congress should be ineligible for election to anything at the national level. Pointing this out however tends to result in people accusing you of being anti-immigrant or some other such bull.
ANY Person in line of succession to the Presidency or Vice-Presidency who is not a Natural Born Citizen of the USA is ineligible to those offices. The next eligible NBC in line would then ascend to the Presidency. The Constitution allows for congress to decide, in certain circumstances, who shall be President or VP. That said, anyone elected MUST meet Article II Criteria.
Read my book “Imposters in the Oval Office”, iUniverse Publishing (c)2018. You can read the first (6) pages of the book here: https://www.thepostemail.com/11/19/2017/imposters-oval-office/ By the way the requirement to be President or VP is that one be a “Natural born citizen” and NOT “Born a citizen”. They do not mean the same thing. An NBC IS “one born in the U.S. to parents who are BOTH US Citizens themselves”. NO EXCEPTIONS.
Same with Blacks, they are not natural born, they have citizenship as per the 13th and 14th amendment.
A natural born (USA) Citizen is a person born in one of the 50 states to two (2) citizen parents of the USA.
Not Blacks, they were given federal citizenship as per an amendment.
natural born cannot be stripped of citizenship.
a stroke of a pen abolishing the 13th amendments put blacks back in chains.
Actually, a stroke of the pen will ONLY reinstate slavery not put any particular race into slavery. Blacks were not the only ones in some sort of slavery. And, once a person is born in the country they are called the United States citizen, not to be confused for natural born citizen. If their parents are also United States citizens, then the child becomes at birth a natural born citizen and as you have pointed out: natural born cannot be stripped of citizenship which is not actually the same thing, but I digress.
Natural born Citizenship (NBC) is derived according to the law of nature – born in the country to two (2) parents who are already citizens of that country.
What you are advocating is STATUTORY (by law) citizenship.
A STATUTORY citizen can never be an NBC, because Congress has zero authority to deem or make anyone an NBC.
She was born in the USA. That makes her a “natural born” US citizen. Being born on US soil renders her parents’ immigration status moot. Every court in the US would tell you the same thing.
You would do well to research natural law. Here’s a start: Read Emmerich deVattel’s book on “The Law of Nations or the Principles of Natural Law” (1758) where one can find the phrase “natural born Citizen as the one requirement to be adopted in Article 2, § 1, Clause 5 of the Constitution, the presidential “Eligibility Clause.” That definition, of course, is a person born here in one of the fifty states to two U.S. citizen parents and is found in § 212 of Book I, Ch. 19 of “The Law of Nations or the Principles of Natural Law”.
You would do well to review US case law that has routinely held that children born on US soil, regardless of their parents’ immigration status, are considered “natural born US citizens.” Believe what you want, but no US court will ever find Haley to be ineligible to run for president so you may as well waste your time on some other birther conspiracy theory.
Case law holds that a child born on US soil is a citizen provided that the parents are subject to the jurisdiction of the US. However, a mere US citizen is not a natural born citizen as the parents need to be citizens themselves. Review: United States v. Wong Kim Ark. US Citizenship per the 14th can be granted to anyone be it born on US Soil or naturalized. A naturalized person is one who is born outside the United States and for this group to be included in the same sentence means that the result cannot possibly be natural born citizen as well. Thus, what is really being discussed is mere United States citizen rather than the far tighter restricted class of natural born citizen. You appear to be conflating the types of US Citizens classes to being all the same and they are not. Case in point: A US National is one who is born outside the US to a US Citizen parent or parents and then comes into the US sovereign by a particular age (Congress plays with this value) and gains their US citizenship but they are not natural born citizens. NBC is a particular class reserved for born in sovereign territory of the US (this does not include foreign bases which are leased), and to both parents being US citizens (natural or by naturalization) themselves. Ted Cruz is an example of not a US NBC, but a US Citizen (Mother US Citizen, Father Cuban Citizen), Barack Obama (Mother US Citizen, Father British Subject of Kenya). Nikki Haley (debatable if 14th amendment applies as both parents at time were subject to India jurisdiction), then there is Marco Rubio (classified as “anchor baby”), Vivek Ramaswamy (stated as of this year his father is still not a US Citizen), John McCain (born in Panama to US Citizen parents, US Senate passed a resolution to declare John McCain as a natural born citizen – why would the senate need to if what you claim is valid??), Kamala Harris (Mother subject to India jurisdiction, Father subject to Jamaica jurisdiction, both parents students, 14th amendment does not apply, and 12th amendment last sentence requires VP subject to same requirements as President). No, case law is not on your side.
What are you talking about? US v Wong Kim Ark in 1898 AFFIRMED that a child born in the United States to non-citizen parents was still a U.S. citizen under the 14th Amendment. That is a SCOTUS case that directly addresses this issue.
There is a stark difference between a US citizen and a natural born Citizen. A naturalized citizen is a US citizen, but not a natural born Citizen.
A natural born citizen requires that both parents are US citizens at the time of birth and that the child be born on sovereign US land. They are born in a state within the United States.
A naturalized citizen can be anyone who has been processed one way or another through US Immigrations. They are born anywhere in the world. If they have at least one US citizen parent, then they get automatic US citizen status merely by registration at the nearest US Consulate or Embassy, but they are never considered natural born Citizen of the United States. They might be considered natural born in the country they are born outside the United States. Even US military bases abroad are not US sovereign land and the child is dual with that country depending on their laws.
Communists always want you to forget your political origins from the Founding Fathers/Framers and focus on their hocus-pocus.
Born in the USA is ONLY part of the test. The court will look to the founding documents to determine what the term means and for that we have Law of Nations by Emmerich de Vattel. Look specifically at Section 212 for the definition of the term. The same treatise “Laws of Nations” has been used often by SCOTUS as reference material in decisions. So your argument fails.
Haley is not a natural born Citizen.
The idea of someone being an automatic US citizen just by being born on US soil is preposterous.
A person born on US soil must also be eligible politically by being subject to the jurisdiction thereof – a phrase that is in that same first sentence of the 14th Amendment and precedes the phrase “are citizens of the United States”.
This is the leading sentence in the 14th Amendment: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.” Because Congress cannot make any law declaring that anyone is a natural born Citizen, I believe that natural born Citizens and statutory type citizens were implied when Congress inserted the word “born” in the first sentence of the 14th Amendment. The process of immigration also yields a US citizen after the prerequisite details, including wait time, are satisfied. That’s where naturalization comes into play.
Summary:
1. Only those persons born in one of the 50 states to either two (2) or one (1) US citizen parent(s) are subject to the jurisdiction thereof and are afforded immediate citizenship upon birth. The person born to two (2) US citizen parents is a natural born Citizen via the law of nature and the person born to one (1) US citizen parent is a statutory US citizen via positive law.
2. A person born in one of the 50 states to parents, none of which is a US citizen, is not an automatic citizen of the US, but is only a citizen of the two foreign parents’ country. That type of person born here must be naturalized.
Granted – the above does not gel with current thinking, including the Congressional Research Service nor some previous US Supreme Court rulings. But, a review and a fix of the 14th Amendment by all three branches of the US government is long overdue.
This article is revolting and racist. You make absurd claims about birthright citizenship not being equivalent to “natural born” and you pepper the entire article with photos exclusively of Haley at Sikh prayer ceremonies wearing Indian garb. The message is quite clear and quite gross.