That’s not ALL that the immigration law of 1790 says. It adds: “Provided, that the right of citizenship shall not descend to persons whose fathers have never been resident in the United States:”
At the time of his birth Cruz’s father was a citizen of Canada. So, his father had never had the intent of being an official resident of the USA. It’s obvious by his actions.
Actually, Cruz’ father was not a citizen of Canada, but a citizen of Cuba. His permanent residence was in the United States. And the Act of 1790 is citied only because it provides historical context for we originalists that “Natural-born citizen” meant “citizen at birth,” not because it is controlling legislation. It’s been supplanted about a dozen times since then.