(1) an alien child, when accompanied by his alien parent or parents, may be charged to the same foreign state as the accompanying parent or of either accompanying parent if such parent has received or would be qualified for an immigrant visa, if necessary to prevent the separation of the child from the accompanying parent or parents, and if the foreign state to which such parent has been or would be chargeable has not exceeded the numerical limitation set forth in the proviso to subsection (a) of this section for that fiscal year; (2) if an alien is chargeable to a different foreign state from that of his accompanying spouse, the foreign state to which such alien is chargeable may, if necessary to prevent the separation of husband and wife, be determined by the foreign state of the accompanying spouse, if such spouse has received or would be qualified for an immigrant visa and if the foreign state to which such spouse has been or would be chargeable has not exceeded the numerical limitation set forth in the proviso to subsection (a) of this section for that fiscal year; (3) an alien born in the United States
The language of this section is 100% in keeping with the Immigration & Nationality Act of 1802, that specific part of the 1802 Act, never having been repealed, thus was still in force when Rubio & Cruz were born... it was the husband/father, unless the child was born out of wedlock, that determined the child's nationality at birth.
No arguments here.
First, I am an originalist as far as the constitution goes and second I am of the mind NBC requires no statutes.
Children born of two parent citizens on the soil of the US cannot be questioned, all other circumstances can be questioned.