Harris' mom didn't lie about number of children in immigration document | Fact check
The claim: Document proves Kamala Harris' mother committed immigration fraud
An Aug. 26 Facebook post (direct link, archive link) by conservative activist Laura Loomer shows a document with the name of Vice President Kamala Harris' mother, Shyamala Gopalan Harris, written at the top. The image outlines in red the date, given as Aug. 21, 1967, and a section labeled "Number of children," listed as one.
"Did Kamala Harris’s @KamalaHQ mother commit immigration fraud?" reads part of the post's caption. "As per a document from the United States Department of Justice Immigration and Naturalization Service form I-463, dated August 21, 1967, Shyamala Gopalan Harris claimed to have only one child even though both of her children were born by this time."
Loomer claims in the post's caption that the document has "serious issues" that "may lead to Kamala Harris’s disqualification as a presidential candidate."
Other versions of the claim were shared on Facebook and X, formerly Twitter.
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Our rating: False
The document does not prove the vice president's mother committed immigration fraud. She filed the document shown in the post before her second child was born in January 1967. The date included in the document shows when the government approved the petition.
Post misinterprets document filing date
Throughout her presidential campaign, the vice president has been vocal about the influence of her mother, who immigrated to the U.S. from India when she was 19. Some critics have questioned the vice president's citizenship and ethnic background, claiming the immigration status of her parents makes her ineligible to be president.
But Loomer's claim about Shyamala Gopalan Harris committing immigration fraud on this document is false.
The Facebook post shows a page of a visa petition from Shyamala Gopalan Harris filed in 1967. The entire document can be found on the U.S. Customs and Immigration Services website.
Though the page shown in the Facebook post is dated Aug. 21, 1967, the prior page of the petition shows the paperwork was filed on Jan. 18 of that year. This was nearly two weeks before the vice president's sister, Maya Harris, was born on Jan. 30, 1967. The Aug. 21, 1967, date indicates when the petition was approved by the government.
Shyamala Gopalan Harris said she had two children in a permanent residency application she signed the following year, according to the services' paperwork.
Fact check: Misleading claims about Kamala Harris' childhood, ethnicity
The Immigration and Nationality Act says any noncitizen who tries to procure a visa, other documentation or admission into the U.S. "by fraud or willfully misrepresenting a material fact" is inadmissible. Those who make false statements in "any application, affidavit or other document required by the immigration laws or regulations" face a fine and imprisonment of up to 5 years.
Kamala Harris' presidential eligibility not influenced by mother's background
As USA TODAY previously reported, Kamala Harris' citizenship and presidential eligibility are not affected by her parents' immigration statuses, as she was born in Oakland, California, and is an American citizen.
The Citizenship Clause of the 14th Amendment says, "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."
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The Cornell Legal Information Institute states that this citizenship is granted "regardless of parental citizenship."
The only requirements for presidential candidates in the Constitution are that the candidate "must be a natural born citizen of the United States, a resident for 14 years, and 35 years of age or older," according to the Library of Congress.
USA TODAY reached out to Loomer for comment but did not immediately receive a response.
Lead Stories also debunked the claim.
Our fact-check sources:
Citizenship and Immigration Services, Oct. 5, 2020, Shyamala Gopalan Harris
USA TODAY, Sept. 21, 2020, Fact check: Kamala Harris is a natural-born U.S. citizen and eligible to serve as president
Kamala Harris, Jan. 30, 2019, Facebook post
House of Representatives U.S. Code, Aug. 27, 8 USC 1182: Inadmissible aliens
House of Representatives U.S. Code, Aug. 27, 18 USC 1546: Fraud and misuse of visas, permits, and other documents
Congress.gov, accessed Aug. 28, Amendment 14.S1.1.2 Citizenship Clause Doctrine
Cornell Law School (web archive), Oct. 24, 2023, Natural Born Citizen
Library of Congress, accessed Aug. 28, Requirements for the President of the United States
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This article originally appeared on USA TODAY: Document does not prove Harris' mother committed fraud | Fact check