The controlling law is the Immigration and Nationality Act, Pub. L. No. 82-414 § 301(a)(7), 66 Stat. 163, 236 (1952).
The foreign-born child is not a citizen if the citizen parent does not meet the requirements of this statute. The foreign-born child is not a
citizen by birth, the foreign-born child is a citizen by statute. http://uscode.house.gov/statviewer.htm?volume=66&page=163
Statutes “conferring citizenship upon foreign-born children of citizens” is naturalization. U.S. v. Wong Kim Ark, 169 U.S. 649, 702-703 (1898)
Actually, no.
The foreign-born child is a citizen AT the moment of birth, not BY the act of that birth, at least not any more than it makes him/her a live human being, which is the requirement of any US citizen. My dog, born here, is not a citizen. Not enough chromosomes.
However that NBC status can be revoked if that NBC child fails to commit certain acts; residency, etc. or commits certain acts, renouncement, etc.
Actually, no.
The foreign-born child is a citizen AT the moment of birth, not BY the act of that birth, at least not any more than it makes him/her a live human being, which is the requirement of any US citizen. My dog, born here, is not a citizen. Not enough chromosomes.
However that NBC status can be revoked if that NBC child fails to commit certain acts; residency, etc. or commits certain acts, renouncement, etc.
All of course assuming Mrs. Cruz (mother) was US citizen, that fact being uncontested.
Also, who could be used?
Not Cruz. He is not electing himself President. The only defendants would be the individual state electors, each one of them individually, or the President of the Senate, (Biden) for “receiving their votes,” or some weird Writ of Mandamus to prevent him from doing so.
A total non-starter
Make that “Who could be SUED?”