Ted Cruz's Natural Born Citizen Status Being Challenged In Lawsuit

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DALLAS (CBSDFW/AP) - Republican presidential candidate Ted Cruz is having his status as a natural born citizen challenged in court by a fellow Texan.

According to the offices of Houston attorney Newton B. Schwartz Sr., a lawsuit was filed in the Southern District of Texas (Houston Division) against the Texas Senator.

The lawsuit takes issue with Cruz's right to become president of the United States because he was born in Canada. The "birther" issue has come up recently after Donald Trump brought the issue up.

In last night's debate, Trump didn't dispute that he brought up the issue of Ted Cruz' citizenship because Cruz "is doing a little better. It's true."

And he says he doesn't necessarily believe Cruz isn't eligible. He says only that Democrats will challenge Cruz in court should he become the Republican nominee.

Trump says: "There's a big question mark on your head and you can't do that to the party. You have to have certainty." He is urging Cruz to ask courts for a declaratory judgment to settle the matter.

Cruz cites the widely accepted legal principle that anyone born to an American parent is a natural-born citizen, regardless of where the child is born. He says Trump is basically claiming that a natural-born citizen would have to be born in the United States to two parents who were also born in the United States.

That standard, Cruz says, would disqualify several candidates. Among them: Donald Trump, whose mother was born in Europe.

Cruz says to Trump: "You're an American, as is everybody else on this stage. I would suggest we focus on who is best prepared to be commander-in-chief."

(©2016 CBS Local Media, a division of CBS Radio Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)

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