Comparative Case Studies
The following three case studies present an overview of other national contexts in which
nationality law has been amended recently to achieve new policy goals, in an atmosphere of
exceptionalism. In the Dominican Republic, it is estimated that thousands of people—perhaps
hundreds of thousands—have been made stateless through of a series of shifts in nationality
law and policy affecting the native-born population of Haitian descent. In the United Kingdom
and Canada, changes allowing more liberal use of nationality deprivation in cases of fraud or
threats to national security have triggered criticism for disproportionate impacts on marginalized communities, particularly Muslim, Arab, Middle Eastern, and South Asian communities.
These changes have also been criticized for creating a new class of contingent citizens whose
status is a privilege that can be taken away by the state for an expanding list of reasons.
The following brief descriptions do not attempt to capture every detail, but rather aim to
highlight that what is happening in the United States reflects a global trend whose manifestations are visible elsewhere. These examples provide insight into the mechanics of expanding
nationality deprivation (in the case of the Dominican Republic and the United Kingdom), as
well as arguments that have successfully set limits on the practice (Canada). The examples
provided from the Dominican Republic and the United Kingdom are also included to illustrate
the potential for further expansion of attacks on the security of citizenship in the United States.
Dominican Republic
The Americas is a region of strong legal protections in the field of nationality and statelessness.
The right to nationality is codified in Article 20 of the American Convention on Human Rights,117
and under that framework deprivation of nationality leading to statelessness is prohibited.118
The Inter-American Court of Human Rights has also considered the application of Article 20
of the American Convention in cases brought on behalf of individuals of Haitian descent in the
Dominican Republic challenging that country’s nationality law and practice, chiefly on
grounds of racial discrimination. That discrimination is fueled by anti-Haitian sentiment,
which has been a virtually permanent fixture in the country’s political, socio-cultural, and
economic power structures for decades.119 In the recent judgment in the case of Expelled
Dominicans and Haitians v. Dominican Republic, the Inter-American Court stated that:
[I]n accordance with the current trend of international human rights law, when
regulating the granting of nationality, States must take into account: (a) their
obligation to prevent, to avoid and to reduce statelessness, and (b) their obligation
to provide each individual with the equal and effective protection of the law
without discrimination.120
I. History and Context
35
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