Superman: Natural Born US Citizen

Superman

I recently read a news story off the AP wire stating that Superman intended to renounce his US citizenship.  Click here to read the story.  The AP story states that in Action Comics #900 Superman goes before the United Nations to inform them that he is renouncing his citizenship.  It appears that the fine folks at DC Comics are looking to boost the man of steel’s image around the world, and a mission statement of standing for “truth, justice and the American way” can be somewhat limiting.

As I read this story, the immigration lawyer in me wondered how Superman can renounce US citizenship when he is an illegal immigrant from Krypton.  Please recall the opening scenes from Superman the Movie (1978 starring Christopher Reeve) where Superman’s father Jor-El  (played by Marlon Brando!) places his infant son into a crystalline capsule and launches him to Earth to escape certain death on Krypton.  The capsule lands in Smallville, USA where the infant of steel is taken in by the Kent family and named Clark.

Given these facts, how can Superman be a US citizen? Unlike Barack Obama, Superman was not born in the United States.  Unlike Panamanian-born John McCain, neither of Superman’s parents was US citizens.    Immigration and Nationality Act section 301(f) [8 U.S.C. §1401] gives Superman US citizenship.  It states:

The following shall be nationals and citizens of the United States at birth…a person of unknown parentage found in the United States while under the age of five years, until shown, prior to his attaining the age of twenty-one years, not to have been born in the United States.

Since Superman was found in the US as an infant and presumably did not learn about his Kryptonian ancestry until after he entered adulthood, the Immigration and Nationality Act declares Superman a US citizen at birth. That makes Superman constitutionally qualified to be President, even though he was born in Kenya Krypton.

I guess Superman is a US citizen, at least until he renounces it.  More on that later.  I gotta head to the comic book shop.


Copyright 2011 Richard M. Green, All Rights Reserved