PA-2023-21: Statelessness Page: 6 C. International Recognition of Statelessness as a Serious Problem Numerous international instruments reflect the concern of the international community about the problem of statelessness: • Article 15 of the 1948 Universal Declaration of Human Rights 7 • Article 24 of the 1966 International Covenant on Civil and Political Rights 8 • 1967 Protocol relating to the Status of Refugees 9 In addition, the 1954 Convention Relating to the Status of Stateless Persons and 1961 Convention on the Reduction of Statelessness are dedicated to this issue. 10 Although the United States is not a state party to either of these conventions, the U.S. government has recognized the importance of the principles enshrined in them. 11 Chapter 2. USCIS Preparation of Statelessness Reports A. Overview A stateless person is generally not considered a national by any state under the operation of its laws. 12 In simple terms, this means that a stateless person does not have a nationality 13 of any country. USCIS may generally consider a person to be stateless for purposes of considering immigration benefits or other requests when the available evidence 14 indicates that the person is not a national of any country under the operation of its law. While being stateless does not in itself establish eligibility for any immigration benefit, an applicant’s statelessness may be relevant in determining eligibility for a variety of immigration benefits or may be considered a factor in the exercise of discretion. In order to address this factor, USCIS is establishing procedures to analyze whether a noncitizen may be considered stateless for immigration purposes. These The Universal Declaration is an aspirational U.N. General Assembly document. The United States is a party to the Covenant, with reservations, but the Covenant is not self-executing. 9 See 1967 Protocol, Art. 1. The United States is a party to the 1967 Protocol, which incorporates Articles 2 through 34 of the 1951 Convention Relating to the Status of Refugees, but the Protocol is not self-executing. 10 See 1954 Convention Relating to the Status of Stateless Persons. See 1961 Convention on the Reduction of Statelessness. 11 See U.S. Department of State’s Statelessness webpage. See DHS News Release, DHS Announces Commitment to Enhance Protections for Stateless Individuals in the United States, issued December 15, 2021. 12 See the USCIS Glossary webpage. See the U.S. Department of State’s Statelessness webpage (defining a stateless person as “someone who, under national laws, does not enjoy citizenship – the legal bond between a government and an individual – in any country”). See Article 1 of the 1954 Convention Relating to the Status of Stateless Persons (describing a stateless person as someone who is “not considered as a national by any State under the operation of its law”). 13 See INA 101(a)(21) (defining “national”). 14 See Chapter 3, Individualized and Case-by-Case Consideration, Section A, Documentation and Evidence [3 USCIS-PM K.3(A)]. 7 8