between deprivation of nationality, creation of stateless populations, and the commission of
genocide and other unimaginable atrocities. Stripping people of their citizenship and rendering them stateless has, in the past, been a precursor to genocide. Although a repeat of that
may seem unlikely today, the current administration is clearly willing to target and expel
people without the faintest consideration of the results.
Prevalent Countries of Origin and Risks of Statelessness
This section sets out, as illustrative examples, a brief overview of the nationality laws of three
prominent countries of origin represented in the denaturalization cases reviewed for this
study, demonstrating a risk of statelessness posed as a result of denaturalization. In each case,
provisions of the country of origin’s nationality law may result in the loss of that nationality, if
originally held, upon naturalization in the United States or as a result of prolonged residence
abroad. The information provided here is not comprehensive. As a practical matter, to fully
explore the risk of statelessness posed by any deprivation or loss of nationality, the specific
facts and circumstances of each case must be assessed individually and in much greater detail,
which is beyond the scope of the present study.
Haiti
Haitians have been particularly targeted by the Trump administration. In January 2018,
President Trump publicly insulted Haiti in derogatory terms347 and the government stated that
Haitians would no longer be eligible for U.S. visas for work in agriculture and other industries.348
This came only months after Trump publicly disparaged Haitian immigrants349 and DHS
officials announced that Haitians would no longer retain Temporary Protected Status (TPS) in
the United States.350 DHS pronounced that Haitians must self-deport within 18 months
following that decision, upending the lives of nearly 60,000 Haitians who have put down roots
in the U.S., built careers, and raised children—many of whom are American citizens.351 On
October 3, 2018, the District Court for the Northern District of California enjoined DHS from
enforcing the decision to terminate TPS for Haitians, pending further resolution of the case.352
A high proportion of individuals targeted for denaturalization in the U.S. are from Haiti. Under
Haiti’s 1987 Constitution, Haitian nationality was obtained by descent or naturalization, the
latter requiring five-year residency.353 According to Article 13, Haitian citizenship was lost if the
citizen acquired citizenship of a foreign country through naturalization, held a political post in
the service of a foreign country, or, if not a native Haitian but naturalized, resided abroad for
three years without authorization from a competent official. Article 15 plainly stated that “dual
Haitian and foreign nationality is in no case permitted.”
The 1987 Constitution was amended in 2012 to include a new Article 12, which implicitly
recognizes the concept of dual nationality, stating, “No Haitian can make their foreign nationality prevail on the territory of the Republic.”354 Article 13 and 15 were abrogated.355
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UNMAKING AMERICANS
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