Estimating how many stateless individuals currently live in the United States is difficult for a
number of reasons, including the government’s failure to keep an official count. Although the
number of stateless persons currently in the U.S. is not clear, it is abundantly clear that the
government should not be trying to increase this number.
Denaturalization Creates Statelessness
Denaturalization prosecuted by the United States government creates a risk of statelessness
for those who have no other citizenship. This section will look at precisely how denaturalization can lead to statelessness, before the next section considers the many disastrous effects of
becoming stateless, and why the U.S. should seek to minimize the number of people
condemned to such a fate.
There are several ways a U.S. citizen could become stateless if denaturalized. These include:
Dual-citizenship prohibited. Some countries do not permit their nationals to hold any other
citizenship. Acquiring U.S. citizenship could result in loss of this original citizenship, potentially automatically. Subsequent loss of naturalized American citizenship would result in
statelessness (assuming the concerned individual holds no other nationality).
Prohibited acts under another country’s laws. Some countries’ laws allow for citizenship revocation if a national does something contrary to the country’s national interests. For example,
some countries permit citizenship revocation if the national serves in another country’s armed
forces or even resides in a foreign country for an extended period. In the United States, until
1978, Americans who obtained citizenship by birth abroad to a U.S. citizen parent could lose
their nationality if they failed to meet certain “retention requirements” including residence in
the United States.332 Serving in the U.S. armed forces, which many residents do, or residing in
the United States for a specified period of time, which many of those denaturalized by the U.S.
have done, could result in loss of a foreign nationality and lead to statelessness upon denaturalization by the United States.
Lack of identity documentation in country of origin. In most cases, undocumented individuals do
have a nationality, but their inability to prove vital aspects of their identity—such as their
name, date and place of birth, and parents’ nationality—can lead to statelessness if their
country of nationality does not consider them to be nationals.333 Many countries lack universal
foundational registration systems,334 leaving more than 1 billion people globally potentially
unable to prove their entitlement to a nationality. Revoking U.S. citizenship through denaturalization proceedings, particularly where the person concerned has links only to countries with
weak identity infrastructure, could result in statelessness.
78
UNMAKING AMERICANS
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