detention during the 90-day removal period,
in recognition of the fact that, in most cases,
the removal of stateless persons is per se unforeseeable.
period after a final order of removal has been
entered, on the basis that statelessness is a
compelling indicator that there is no reasonably foreseeable prospect of removal.
5. Accede to the 1954 Convention relating
to the Status of Stateless Persons and the
1961 Convention on the Reduction of Statelessness in consultation with the Executive
Branch, and enact any necessary implementing legislation.
12. Limit orders of supervision of stateless
individuals to annual in-person reporting requirements, with no limitation on travel within the United States.
Recommendations for the
Department of Homeland
Security
6. As pledged by the U.S. Government in December 2011, support and encourage Congressional efforts to enact legislation that
provides a path for stateless individuals in the
United States to seek lawful permanent residency and, ultimately, U.S. citizenship.
7. Establish an individual statelessness status determination procedure in consultation
with UNHCR that incorporates a definition of
statelessness in accordance with international law and provide successful applicants with
permission to reside in the United States.
8. Designate officers responsible for assessing whether an individual is stateless. Ensure
that they receive comprehensive training and
guidance on making this assessment and
that information concerning the treatment of
stateless individuals is widely disseminated
among all officers.
9. Provide automatic, fee-exempt identity
and work authorization document that does
not require annual renewal to individuals determined to be stateless.
10. Establish a central, intra-agency referral
mechanism to address the concerns of individual stateless persons.
11. Establish a policy to release stateless individuals from immigration detention in a
timely manner, including during the 90-day
Solutions for the Stateless in the U.S.
13. Following a reasonable effort to seek admission into countries with which they have
ties, ensure that such persons are under no
obligation to continue contacting embassies
and consulates for travel documents without
a demonstrated reason to apply or reapply to
a particular country.
14. Refrain from detaining, or signaling that
authorities will detain, stateless individuals
who have made reasonable efforts to seek,
but were unable to obtain, admission into
other countries with which they have ties.
15. Provide stateless individuals with necessary documentation to travel abroad and return to the United States.
16. Launch a public education campaign
about the administrative remedies available
to stateless persons and the procedures for
obtaining them, including work authorization, reduced reporting requirements, and
the ability to travel within the United States.
17. In consultation with the Department of Justice, improve the collection and assessment
of statistical data concerning stateless individuals, including standardized terminology
used to identify stateless persons between
the two agencies, to ensure more accurate
information and greater understanding of the
scope of statelessness.
Recommendations for the
Department of Justice
18. As pledged by the U.S. Government in
December 2011, support and encourage Congressional efforts to enact legislation that
provides a path for stateless individuals in the
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