Vol. 15, Iss. 2
Northeastern University Law Review
363
Abstract
Although thousands of stateless people live in the United States, no
law or policy provides lawful immigration status or relief to stateless people
based on their statelessness. This Article argues that the U.S. executive branch
should consider a noncitizen’s statelessness as a positive factor in discretionary
adjudications of immigration benefits and in the exercise of prosecutorial
discretion when granting temporary reprieves from enforcement, evaluating
detention, and providing work authorization. This proposal falls squarely within
existing legal authority and would address many of the humanitarian needs of
stateless people. However, its discretionary nature would lead to inconsistent
implementation. Only legislation will provide stateless people a pathway to
lawful permanent residence and citizenship.