That makes him a citizen, not a natural born citizen. Natural born citizens' parents must be citizens. Rubio's parents were not citizens at the time of his birth. The qualification for presidency is to be natural born.
The 14th Amendment says anyone born in the U.S. and subject to its jurisdiction is a citizen at birth.
That does not require U.S.-born parents.
This was affirmed in United States v. Wong Kim Ark (1898), where the Supreme Court ruled that a man born in California to Chinese parents was a U.S. citizen at birth.
I believe the "and subject to the jurisdiction" part has yet to be adjudicated by the U.S. Supreme Court. Someone who sneaks in here illegally has specifically rejected being subject,
That makes him a citizen, not a natural born citizen. Natural born citizens' parents must be citizens. Rubio's parents were not citizens at the time of his birth. The qualification for presidency is to be natural born.
The 14th Amendment says anyone born in the U.S. and subject to its jurisdiction is a citizen at birth. That does not require U.S.-born parents. This was affirmed in United States v. Wong Kim Ark (1898), where the Supreme Court ruled that a man born in California to Chinese parents was a U.S. citizen at birth.
I believe the "and subject to the jurisdiction" part has yet to be adjudicated by the U.S. Supreme Court. Someone who sneaks in here illegally has specifically rejected being subject,