The Constitution itself does not make the citizens, (it is, in fact,made by them.) It only intends and recognizes such of them as are natural-home-born-and provides for the naturalization of such of them as were alien-foreign-born‚ making the latter, as far as nature will allow, like the former.
Attorney General Bates, Opinion of Citizenship, (1862)
Cruz should petition for a waiver. Get it out, get it public, get it certified, or he will be dragging that anchor forever.
But i doubt anyone will even accept that line of thinking, especially now, it should have been done a year ago.