Off My Mind: Is Superman a Legal Resident of Earth?

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gmanfromheck

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Edited By gmanfromheck
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Superman fights for truth, justice and the American way but he's been lying his entire life. Superman can be said to be an immigrant but he never actually applied for legal status to live in the United States. Arriving as an infant would make it hard for him to apply for a work visa but there's still the proper procedures that should have been followed. 
 
What about claiming to be American as Clark Kent? Are Jonathan and Martha Kent guilty of committing fraud? There's also the question of how they came to be his legal guardians. I know in the early comics Clark was actually taken to an orphanage and later adopted by the Kents. In the later comics the Kents claimed Clark was their own child. Where did Clark get his birth certificate and social security number from? 
 
Superman tries holding himself above the law but is he guilty himself of breaking several himself? 
 == TEASER == 
No Caption Provided
Let's be clear that this is just about Superman. I don't want this to turn into a racist argument. That's not why we're here. The world wouldn't be what it is without immigrants. The problem is, Superman did not go through an actual legal route. You can become a citizen by law or by birth. Superman did neither of these. As Clark, he may have met the legal requirements of residing continuously in the United States, as well as being a person of good moral character, has the ability to read, write, speak and understand English and has knowledge and understanding of the fundamentals of U.S. History and government. But again, he never applied to become a citizen.  
 
As Superman, everyone knows he's an alien. Has anyone wondered where Superman lives? Do they assume he lives up north in the Fortress Of Solitude? Without knowing about his fraudulent life as Clark, they would have to wonder where Superman hangs out when not saving the world. I'm sure pretty much any nation would offer Superman citizenship due to all the great deeds his done, but has he ever actually been offered citizenship?  
 
Should it be overlooked that Superman has been lying since he's saved the world so often or is it time for Superman to do the right thing and stand up for immigration laws?
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Braxxis7

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#1  Edited By Braxxis7

it should be completly overlooked
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NightFang3

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#2  Edited By NightFang3

Let somebody tell Superman he can't live on Earth with his family and lets see what happens. 

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phildini

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#3  Edited By phildini

I'd be interested to see that Sheriff in Arizona ask him for his papers.

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CaptainUseless

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#4  Edited By CaptainUseless

 Well unless the goverment has some Kryptonite, they can't do anything.

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NightFang3

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#5  Edited By NightFang3
@phildini said:
" I'd be interested to see that Sheriff in Arizona ask him for his papers. "
             He might just sh*t his pants, lol.
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deactivated-579fe0ae58107

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He probably went to one of the two states in the Union - I believe it is Minnesota and California - where you can obtain a driver's license without a social security card or number, and went from there.

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Aronmorales

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#7  Edited By Aronmorales
@Braxxis7 said:
"it should be completly overlooked "

Agreed.
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punkelias

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#8  Edited By punkelias

He's a refugee and he can be granted human asylum in the US because his planet was destroyed.

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The_Ghostshell

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#9  Edited By The_Ghostshell

Fox news would have a fit and fall in it if they ever found out.

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Magian

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#10  Edited By Magian

It's complicated.

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grombletromble

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#11  Edited By grombletromble

In Smallville, Lionel Luthor arranged all of the forgery of documents so that it would appear as though Clark was legitimately a citizen.. Maybe there was some sort of benevolent being that helped them when they were starting out in the comics too? Although it's probably more likely Superboy super-hacked the computer systems he needed to to become legit, lol

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roadbuster

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#12  Edited By roadbuster

When I'm not working I can give a longer legal analysis on this but it should be noted that the Byrne version used the birthing matrix to avoid the issue making him a naturalized citizen by birth ("jus soli" type citizenship under Title 8 US Code Sec. 1401).  I'm not 100% clear on which origin story is binding right now.  Birthright does not use the matrix and Secret Origin does not have the rocket scene (yet) from either set of parents' perspective... but if the rocket shape is meant to cite the earlier origin then that too would lack the matrix. 
 
So... at least during Man Of Steel it was a consideration. 
 
When I have time I'll explain the consequences and his options if under another origin.

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NightFang3

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#13  Edited By NightFang3
@Gambler said:
" Fox news would have a fit and fall in it if they ever found out. "
             I would love and see them try and make Superman look un-American and is a terrorist, lol.
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ckal

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#14  Edited By ckal

He's an outlaw and a menace to society.

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punisher1313

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#15  Edited By punisher1313

Why not?  
If it was up to Obama we would just open the borders and let everybody in, and we would have to hand them half are paychecks too!

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jamesewelch

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#16  Edited By jamesewelch

It should be overlooked for the reasons of simplicity. Comics never show the characters going to the bathroom, filing their taxes, or how non-flying/transporting characters get to work in the morning.

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The Jeff

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#17  Edited By The Jeff

he'd probably leave

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-Eclipse-

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#18  Edited By -Eclipse-

Maybe Clark HAS applied for citizenship, they just don't show it in the comics because it's boring? :P

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Lex Diamonds

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#19  Edited By Lex Diamonds

Someone call la migra

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SnottyCane

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#20  Edited By SnottyCane

if he as in superman lives in the Fortress Of Solitude    not us soil then hes not living in america!

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chowy

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#21  Edited By chowy

Thats one problem with Superman, but for example, does Wonder Woman has a greencard to work on America? there is no Amazon embassy anymore

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Achilles.

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#22  Edited By Achilles.

no

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Zniperking

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#23  Edited By Zniperking

did the kents adopt him their might be some papers.

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Nova`Prime`

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#24  Edited By Nova`Prime`

Well considering the Kent family have passed him off as their own child, I am pretty sure they got all the legal documents they needed, because he is "their" son. So Clark Kent is most definitely a legal citizen... and no one questions Superman because he's not just a citizen of the US he is a citizen of the world at large. Hell even the Soviet Russians... and Communist China acknowledges him as a hero and they were all evil back in good old days of comics.

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Nick-SV(ril)

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#25  Edited By Nick-SV(ril)
@GrombleTromble said:

" In Smallville, Lionel Luthor arranged all of the forgery of documents so that it would appear as though Clark was legitimately a citizen.. Maybe there was some sort of benevolent being that helped them when they were starting out in the comics too? Although it's probably more likely Superboy super-hacked the computer systems he needed to to become legit, lol "

We've seen that Smallville doesn't always follow the Superman stories, so I guess that could be pretty much irrelevant.
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Alecs

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#26  Edited By Alecs

People, Superman does not really exist. It is a fictional character. Do you need to discuss this sort of things?

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MatKrenz

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#27  Edited By MatKrenz

Well if someone actually did learn that Clark is an illegal immigrent then he who be a troglodyte pure and simple.
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Comicjew

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#28  Edited By Comicjew
@crestfallen:
Yes
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Namor1987

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#29  Edited By Namor1987

He's technically a illegal because we never authorized him being him here when he arrived as a kid & a refugee since his home planet got destroyed

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tensor

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#30  Edited By tensor

 he is good with all the life save, you can slip this under the carpet

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MrFantastic

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#31  Edited By MrFantastic

Under the Child Citizenship Act of 2000, he would have been granted citizenship, as he had been legally adopted by the Kents, who were American citizens, but he was over the age of 18 on February 27, 2001.  
 
I am guessing he was issued a "Baby Doe"  birth certificate at the orphanage, and as such was registered as and American birth (falsely) before the adoption. If anything, the Kents committed fraud by not revealing the origin of the child (being a suspected alien). 

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Walker2814

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#32  Edited By Walker2814

 Being an attorney I can tell you that citizenship is determined by one's domicile.  As Superman, his domicile would obviously be the Fortress of Solitude.  This is because domicile is typically determined by physical presence with an intent to remain indefinitely, I think it could be argued that Superman satisfies both of those requirements.  As Clark Kent, if you assume that he was supposed to be the Kent's naturally born child, domicile and citizenship for that matter are irrelevant because he would have been born an American citizen.  While the Kent's may be liable for some type of fraud, Clark would most likely not as he was an infant and unaware of the subject.  Great question, but it brings up the traditional one about Superman in general, is he Clark or is he Superman?  I vote for Superman.    

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Graphicly

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#33  Edited By Graphicly

I always just choose to think that the Kents figured that out and the writers didn't feel like it was an exciting enough story.  Although today he would be a US Citizen by marriage wouldn't he?  Even if they tracked him down he's married to Lois who is a US Citizen.  Wouldn't that work?

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PabloMcFly

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#34  Edited By PabloMcFly

DE TOOK ERR JERRBS!

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Lvenger

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#35  Edited By Lvenger

He may be an illegal immigrant but he's saved America and the world countless times. Besides, he's grown up in America and raised there so he has the same right to be an American Citizen as anyone else.

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GrimoireMyst

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#36  Edited By GrimoireMyst

It should be completely overlooked. It would be considered "biting the hand that helps you" no doubt about it. If Americans don't hold up to their own laws then why should they expect it from those that go to live there and tries to hold up the laws almost by himself. Besides that there are many citizens that live there but are not going under the names they were born with.  During the Death of Superman arc they did say that even though he was an alien he was an American so he was to be buried as such by the president when some scientists wanted his body.
If they ever made that into a storyline I hope they add he moves to Canada because up here we wouldn't mind. lol

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comicscott

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#37  Edited By comicscott

maybe he got apodted by the kents and they lived here so that makes him american.

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Krakoa

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#38  Edited By Krakoa

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TerryMcC

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#39  Edited By TerryMcC

In one old story every nation in the U.N. (America included) passed a resolution making Superman a citizen of the Earth and all it's nations, and so able to fly over any boarder without restrant.

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gmanfromheck

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#40  Edited By gmanfromheck
@Lvenger: Of course he has the right. I think everyone (except the crazy folk, of course) has a right. Superman just never actually went through the motions. He deserves it but hasn't actually made it official.
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The Gray Fox

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#41  Edited By The Gray Fox

Of course Superman is a legal resident of Earth, why wouldn't he be? He was legally adopted by The Kents and was then, as TerryMcC mentioned, made into a citizen of Earth and all its nations by The U.N. and allowed to cross over any border without restraint. That information alone should be more than enough to convince everyone that he is indeed a legal resident of Earth.

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TheMess1428

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#42  Edited By TheMess1428

I'd actually like to see this in a comic book arc.

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Herx

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#43  Edited By Herx

Well lets think about this, Golden age superman got to earth during ( or was it before ) world war one where the US policy for imigration is that if you could get to america and work you were a citizen. In that calse olf Kal-L is a legit US citizen. Kal-el. Well maby he did the paperwork after locking up his first bad guys, you know just to make sure that they could get into prison..... maby.......
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Crymsun

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#44  Edited By Crymsun

In the John Byrne Man of Steel tales, Jonathan and Martha passed him off as their birth son.  Their was a huge snow storm (caused by the Manhunters-- see Milennium mini), and Smallville was snowed in for months.  The story the Kents used was that Clark was born during that time.  So he has a birth certificate and everything. 
 
Case closed.  Let's move on now, shall we? :)
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Crimson Eagle

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#45  Edited By Crimson Eagle

Interesting... I have never thought about it.
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neillius

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#46  Edited By neillius
@Crymsun said:
"In the John Byrne Man of Steel tales, Jonathan and Martha passed him off as their birth son.  Their was a huge snow storm (caused by the Manhunters-- see Milennium mini), and Smallville was snowed in for months.  The story the Kents used was that Clark was born during that time.  So he has a birth certificate and everything.  Case closed.  Let's move on now, shall we? :) "

absloutely, i couldn't have said it better myself
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NightFang3

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#47  Edited By NightFang3
@TheMess1428 said:
" I'd actually like to see this in a comic book arc. "
             And Lex Luther would be the mastermind behind the hole thing. 
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darkwolverineUSMC

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He's as american as mom and apple pie. I mean he fought for truth, justice, and the american way. That simple.
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TheMess1428

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#49  Edited By TheMess1428
@NightFang said:
" @TheMess1428 said:
" I'd actually like to see this in a comic book arc. "
             And Lex Luther would be the mastermind behind the hole thing.  "
I'd see General Lane being more likely to try it.
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PRIMAV3RA

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#50  Edited By PRIMAV3RA

i think he is

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