A New York judge will hear arguments on Tuesday in a lawsuit that challenges Republican Sen. Ted Cruz’s ability to run for president given that he was born in Canada.

State Supreme Court Justice David Weinstein will hear the claim of two men who contend that Cruz is not a citizen of the U.S. and is therefore ineligible to run for president, NBC has reported. Cruz was born in Alberta, Canada.

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Barry Korman and William Gallo will argue that despite Cruz’s mother being an American, the senator is not a citizen because such status cannot be passed from parent to child, Newsday reported.

The defense of Cruz’s place in the election is being argued by the New York Board of Elections, which put Cruz on the ballot, NBC added.

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Cruz, a lawyer, was elected to be a senator from Texas in 2012, Newsday added.