INA: ACT 309 - CHILDREN BORN OUT OF WEDLOCK
Sec. 309. [8 U.S.C. 1409]
(a) The provisions of paragraphs (c), (d), (e), and (g) of section 301, and of paragraph (2) of section 308, shall apply as of the date of birth to a person born out of wedlock if-
(1) a blood relationship between the person and the father is established by clear and convincing evidence,
(2) the father had the nationality of the United States at the time of the person’s birth,
(3) the father (unless deceased) has agreed in writing to provide financial support for the person until the person reaches the age of 18 years, and
(4) while the person is under the age of 18 years-
(A) the person is legitimated under the law of the person’s residence or domicile,
(B) the father acknowledges paternity of the person in writing under oath, or
(C) the paternity of the person is established by adjudication of a competent court.
(b) Except as otherwise provided in section 405, the provisions of section 301(g) shall apply to a child born out of wedlock on or after January 13, 1941, and before December 24, 1952, as of the date of birth, if the paternity of such child is established at any time while such child is under the age of twenty-one years by legitimation.
(c) Notwithstanding the provision of subsection (a) of this section, a person born, after December 23, 1952, outside the United States and out of wedlock shall be held to have acquired at birth the nationality status of his mother, if the mother had the nationality of the United States at the time of such person’s birth, and if the mother had previously been physically present in the United States or one of its outlying possessions for a continuous period of one year.
Yeah, I really think I am. Although I now find that you are the person who initially raised this so you better tell me why you don't think so.
What you have posted is Sec. 309 of the Immigration and Naturalization Act which is also codified as 8 USC Sec. 1409.
This section got enacted and amended in a number of different parts over the years so to decide when a particular provision was effective, you need to identify the provision you are looking at; find the Public Law that enacted it; and then find the effective date of that provision.
Here, I assume you recognize that the provision you might be looking at is Sec. 1409(c). Now the provisions of (c) applicable to mothers after December 23, 1952 got added by section 8 of the Immigration Technical Corrections Act of 1988 [Pub. L. 100-525], which according to the notes under 8 USC 1101 is from Section 309(b)(15) of Pub. L. 102-232 which provides that "The amendments made by section 8 of the Immigration Technical Corrections Act of 1988 [Pub. L. 100-525]shall be effective as if included in the enactment of the Immigration and Nationality Act Amendments of 1986 (Public Law 99-653)". As we all know, Public Law 99-653 was effective only with respect to persons born after November 24, 1986.
This is not an opinion with respect to any given person or set of facts or events and is set out only as a basis for analysis of the law applicable to the possible claim of lack of citizenship of Barack Obama.
If you have a different view, let me know why. This is one of the more complicated issues here and although I have looked through my prior notes and believe I am correct, I would consider any contrary analysis. I am not an immigration lawyer--I am a tax lawyer and read statutes much more complex than this but that doesn't mean I can't be wrong.
If it is effective for births after 1986, why include language that contradicts the effective date?
I suspect the legal research problem here is immense + all the senior analysts of the time period in question whose business it was to read and interpret the regulations for application to a specific claimant are LONG RETIRED and likely most of them are dead.