(Updated) Exploring Obama’s Indonesian Citizenship claims

Update: Some people have argued that under 401(a) Obama lost his US citizenship because he did not swear an oath of allegiance after he had ‘expatriated’ himself when his mother left Hawaii to live with her husband in Indonesia. That is an incorrect reading of the 1940 Naturalization Act which provided for those who had reached the age of 21 before 1941, 2 years of time to return to the United States and elect US citizenship. Those who reached the age of majority after 1941 would be able to continue their citizenship by returning to the United States before reaching age of 23.

See USCIS Interpretation 349.2 Expatriation by foreign naturalization .

(6) Since January 13, 1941; through parent, guardian, or agent . (i) Requirement that citizen take up permanent residence in United States; majority attained before the 1941 date . Subject to exceptions noted in (vi) which follows in order, a United States national minor who, prior to January 13, 1941, had acquired duality of status after birth through the foreign naturalization of a parent, and who having also attained the age of 21 years before such date was obligated to choose between the two nationalities under the doctrine of election, and who failed to exercise such choice before the 1941 date, was required to take up permanent residence in the United States prior to January 1 3, 1943, 180/ or forfeit his United Sates citizenship under section 401(a) of the Nationality Act of 1940. Taking up such residence was deemed to be an election of the United States citizenship. This retention-by entry-privilege 181/ within two years was granted to persons regardless of age at the time of entry and irrespective of the number of years they may have resided abroad after attaining majority. 182/ 

(ii) Requirement that citizen take up permanent residence in United States; majority attained on or after the 1941 date . If the dual national described in (i) above did not attain majority until on or after January 13, 1941, section 401(a) of the Nationality Act of 1940 required him to enter the United States for permanent residence before his 23rd birthday in order to avoid citizenship loss 183/ unless, on December 24, 1952, he had not as yet attained his 23rd birthday, in which event the then effective provisions of the current statute184/ apply and the citizen may make such an entry prior to his 25th birthday 185/ and thereby retain citizenship.

Furthermore under section 403(b) of the Nationality Act of 1940  expatriation pursuant to section 401(b-g) of that statute cannot occur when the citizen is under 18 years of age. Sec 401(f) describes renunciation of citizenship in front of a diplomatic or consular officer. This lays to rest any such scenarios, proposed by ‘Sven Magnusson’

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The immigration records of Lolo Soetoro, Barack Obama’s stepfather shows that on September 14, 1967, there was a letter placed in Lolo’s file which addressed the status of his wife’s son.

“The person in question [Barack Obama, Jr.] is a united states citizen by virtue of his birth in Honolulu, Hawaii Aug. 4, 1961. He is living with the applicants’ spouse in Honolulu. He is considered the applicants step-child, within the meaning of Sec. 101(b)(1)(B), of the act, by virtue of the marriage of the applicant to the childs’ mother on March 15, 1965.”

This shows that in 1967, Barack Obama was still considered to be a step child, not an adopted child of Lolo Soetoro or they would have cited Sec. 101(b)(1)(E). Since Obama was 6 years old at that time, he could not, under Indonesian law obtain Indonesian citizenship through adoption.

In addition, in 1971, Obama returned from Indonesia to Hawaii, as an unaccompanied minor and recounts in “Dreams from my Father” (Chap. 3) that

 “…the customs official tapped me on the shoulder and asked me if I was an American. I nodded and handed him my passport.”

We also known that in the summer of 1970, Obama had visited Hawaii to interview for admission to a private school. In the summer of 1970, Ann Dunham Soetoro gave birth to Maya.

We also know that on Aug. 13, 1968, Obama’s mother renewed her own passport and amended it to exclude Barack Obama as a child, likely because she had applied for Obama’s own passport.

Given the information it seems unlikely that Obama ever acquired an Indonesian citizenship.

There are few facts that contradict this finding. We do know that there exists a school record in which states that he is an Indonesian citizen, even though it is unclear who entered said information. There is also an entry in Ann Dunham’s records, that show the name (Soebarkah) under Barack Hussein Obama in the section to amend her extended passport. It is unclear if this refers to Obama or to the embassy employee who added the information.

Even if Obama had, somehow, obtained an Indonesian citizenship, he would have been too young to be able to reject his US birthright citizenship, and since parents cannot renounce their child’s US birthright citizenship, all that would have been necessary for Obama to continue his birthright citizenship is to show intent to do so. By returning at age 10 to Hawaii to spend the rest of his youth there, he clearly elected to continue his US citizenship, assuming that he had already obtained an Indonesian citizenship.

It appears to be therefor (a legal) fiction that Obama lost his US citizenship and acquired Indonesian citizenship.

FoxNews: Indonesian school explains Obama’s registration

Dr Conspiracy reports on a FoxNews report in which it is stated that the school officials explained that it is customary to be enrolled with Father’s last name and religion.

Another one bites the dust…

Could Obama have been adopted under Indonesian law?

Some have pointed out that under Indonesian Law, Obama could indeed have become an Indonesian citizen.

(1)A foreign child of less than 5 years age who is adopted by a citizen of the Republic of Indonesia acquires the citizenship of the Republic of Indonesia, if such an adoption is declared legal by the Pengadilan Negeri at the residence of the person adopting the child.

Source: Law No. 62 of 1958, Law on the Citizenship of the Republic of Indonesia

So at what age did Obama move to Indonesia? While some have claimed that Obama could have been as young as 2-4, the facts indicate otherwise. For instance

Myths: Indonesia, citizenship and Public Schools

Greg on Obama Conspiracy reports on another common myth

Myth: Indonesia did not allow foreign students to attend their public schools in the late 1960’s or 1970’s,

See “Indonesian Policies toward the Chinese Minority under the New Order” by Leo Suryadinata, Asian Survey, Vol. 16, No. 8 (Aug., 1976), pp. 770-787

The decision to let the Chinese establish SNPCs was based on various political considerations. After the closing of Chinese-medium schools [in 1965], some alien Chinese were eager to send their children to Indonesian schools. However places in these schools were limited and priority was given to Indonesian citizens.