Marco Rubio is reported to claim that he is a natural born citizen eligible to the Office of the President and Vice President. His claim is false, because he was born with automatic natural born Cuban citizenship in addition to the right to claim native born U.S. citizenship. No person who has ever been obligated with allegiance to a foreign sovereign can qualify as a natural born citizen whose one and only allegiance has ever been the sovereign Citizens of the United States.
Under Cuban law, Marco Rubio was born as a natural born citizen of Cuba, because his parents were natural born Cuban citizens. It is this natural born allegiance to Cuba which disqualifies Marco Rubio from eligibility in accordance with the natural born citizen clause, despite his nativity in the United States. Marco Rubio was eligible to claim his Cuban citizenship upon his reaching the age of majority. His subsequent acts confirming his statutory right to claim U.S. citizenship is in accordance with statutory law, which automatically precludes the inherent right of natural born citizenship not arising from statues.
Small point. Rubio is NOT a “natural born citizen” of Cuban. He is, however, probably a “born” Cuban citizen (I am unsure of Cuban Laws in this area) with the additional status of being a “born” US citizen under the 14th Amendment.
The circumstances of Rubio’s birth disqualify him from seeking the Office of the President. That is the only advantage that a real NBC has over Rubio. Other than that Rubio shares in all the rights and responsibilities of any other US citizen....born or naturalized.
FWIW, I researched this about a year or 2 ago, and found articles saying his mother, Oriales, had become a citizen years before her husband. I looked for those same articles, but have no idea now where I found them at the time.
In looking, I found a number of articles indicating that the timelines had been updated since last I looked. They are indicating his mother became a citizen in 1975 at the same time as his father. That being the case, your position has merit.
Were I to view this differently it would be based on the nation’s earliest naturalization laws (1790?) that would have coincided with the 18th century understanding of what becoming a citizen at that time entailed. As I recall, it was 3 pronged:
1. 2 years residency
2. Appearance before any magistrate
3. Oath of allegiance.
I believe his parents arrived in the US in the neighborhood of 1959-61 to stay. During that time, it appears they did appear before the legal system for permanent residency, maybe more than once. The only question would be the type of oath required for permanent residency and how it compares with the 1790’s oath. They had clearly met 1&2 before Marco’s birth in 1971.