The salient difference, however, is that Obama’s mother did not have sufficient time in the US above the age of majority to confer citizenship at birth if he was born outside of the US. Hence, the ‘Kenyan’ story disappeared.
Like Obama, Ted Cruz may also not have been a lawful U.S. citizen and may still not be eligible to be a lawful U.S. Senator, if he failed to naturalize as an immigrant after age 18 in 1988. See:
66 Stat. Public Law 414 -— June 27, 1952
CHILD BORN OUTSIDE OF THE UNITED STATES OF ONE ALIEN AND ONE CITIZEN PARENT AT TIME OF BIRTH; CONDITIONS UNDER WHICH CITIZENSHIP AUTOMATICALLY ACQUIRED
Sec. 320. (a) A child born outside of the United States, one of whose parents at the time of the child’s birth was an alien and the other of whose parents then was and never thereafter ceased to be a citizen of the United States, shall, if such alien parent is naturalized, become a citizen of the United States, when -
(1) such naturalization takes place while such child is under the age of sixteen years; and
(2) such child is residing in the United States pursuant to a lawful admission for permanent residence at the time of naturalization or thereafter and begins to reside permanently in the United States while under the age of sixteen years.
Ted Cruz was born outside of the United States in Calgary, Alberta, Canada. His father at the time of birth of Ted Cruz on 22 December 1970 was an alien in relation to the United States, having Cuban citizenship and Canadian Permanent Resident status on the path to Canadian citizenship afterwards. Ted Cruz attained the age of sixteen years on 22 December 1986, at which time his alien father was a Canadian citizen and was not naturalized as a U.S. citizen. Accordingly, Ted Cruz did not meet the conditions necessary to “become a citizen of the United States” as required by Public Law 414 Section 320 CHILD BORN OUTSIDE OF THE UNITED STATES OF ONE ALIEN AND ONE CITIZEN PARENT AT TIME OF BIRTH; CONDITIONS UNDER WHICH CITIZENSHIP AUTOMATICALLY ACQUIRED.