FOIA Fun– No Record of Birth in United States Found?!

This FOIA request was sent out to determine exactly where the presumption of US citizenship comes from, in regard to a man.


This response was received:

FOIA DHS response redacted

That means that the doctrine of jus sanguinis (law of blood) must be the only way he received US citizenship at birth.


Don’t Believe in God? There’s A Provision For That When Under Oath.

“§ 11-4.  Affirmation in lieu of oath.

When a person to be sworn shall have conscientious scruples against taking an oath in the manner prescribed by G.S. 11-2, 11-3, or 11-7, he shall be permitted to be affirmed. In all cases the words of the affirmation shall be the same as the words of the prescribed oath, except that the word “affirm” shall be substituted for the word “swear” and the words “so help me God” shall be deleted. (1777, c. 108, s. 4, P.R.; c. 115, s. 42, P.R.; 1819, c. 1019, P.R.; 1821, c. 1112, P.R.; R.C., c. 76, s. 3; Code, s. 3311; Rev., s. 2356; C.S., s. 3191; 1985, c. 756, s. 3.)”

“In The United States” Does Not Refer To Actual Location

From Part 7 of the US Foreign Affairs Manual:
A child born in an immigration detention center physically
located in
the United States is considered to have been born in the United States
and be subject to its jurisdiction. This is so even if the child’s parents
have not been legally admitted to the United States and, for
immigration purposes, may be viewed
as not being in the United
So you can be in the United States but arguably not IN the United States.  You know– in it, but not IN it.

Birth Certificate Vs. Certificate Of Live Birth


“Difference Between Birth Certificate And Certificate Of Live Birth
Written by J. Hirby | Fact checked by The Law Dictionary staff

For most purposes of identification, people use the Birth Certificate as the original document. But some have recently heard about something called the Certificate of Live Birth. What is the difference between the Birth Certificate and Certificate of Live Birth?

“Hospital Record of Birth: Certificate of Live Birth”

The medical community has established the practice of issuing the Certificate of Live Birth when a human being enters the world. This form will include the basics of the baby name, parent names, doctor names, hospital, sex, race, date of birth and person completing the record. Health care professionals will then enter the information into their hospital database.

At this point, the father should verify that the information on the form is correct. Mistakes can be made on the original form or during medical data entry. The mother will, of course, be stressed and won’t be able to concentrate when given the form. Corrections should be made before the Birth Certificate is officially issued.

The Certificate of Live Birth is the first unofficial draft of the fact that your mother gave birth to you. Once this information is complete, this Certificate of Live Birth is sent to the Office of Vital Statistics or State Register to create the Official Birth Certificate.

“Official Government Issued Record of Birth: Birth Certificate”

For the sake of school, insurance, taxes, identification cards and travel documents, you should use your Birth Certificate. While the Certificate of Live Birth shows that you are medically alive, the Birth Certificate is the official record declaring your place of birth. Some people are not born in hospitals and don’t have these other records.

The United States federal government may not take your Certificate of Live Birth for Passport purposes either. There have been some difficulties with birth documents in Puerto Rico. It is always wise to have your official Birth Certificate in a safe deposit box.

Remember that the live birth hospital form is primarily for data entry purposes. Your Birth Certificate is for official recording purposes and will have the signature and date of a state official on the bottom. It should be printed on high-quality paper or cardboard with a registrar’s embossed state seal in the corner for authenticity. This official Birth Certificate will also have a registration number, so it can easily be looked up for reference.”