126 2011 also marked the 60th Anniversary of the
1951 Refugee Convention, which was also addressed
throughout the year and at the December 2011 Ministerial Meeting. See, e.g., UNHCR Intergovernmental
meeting at Ministerial level: Closing remarks by the
United Nations High Commissioner for Refugees
(8 December 2011) available at <http://www.unhcr.
org/4ef094a89.html>.
127 Id. at 2.
128 U.S. Commemorations Pledges, Fact Sheet,
Bureau of Population, Refugees, and Migration, December 7, 2011, available at <http://www.state.gov/j/prm/
releases/factsheets/2011/181020.htm>. Early in 2011, UNHCR provided “proposed pledges” that it urged the
United States to consider adopting, with a focus on
the protection gaps for refugees and asylum seekers. These proposed pledges also contain a section
concerning stateless individuals in the United States.
That document is available at: <http://www.unhcrwashington.org/site/c.ckLQI5NPIgJ2G/b.7794709/k.AA71/Priority_Pledges.htm>.
129 See supra FN 5.
130 The UNHCR Guidelines on Procedures for Determining Whether an Individual is a Stateless Person
underscore the importance of establishing statelessness status determination procedures and provide
guidance to states on doing so. UNHCR Guidelines
on Statelessness No. 2: Procedures for Determining whether an Individual is a Stateless Person (5
April 2012), available at: <http://www.unhcr.org/refworld/
docid/4f7dafb52.html>.
131 Refugee Protection Act of 2010, S. 3113, 111th
Cong. 2nd Session §24 (2010). This legislation was
introduced in the Senate by Senator Patrick Leahy
(D-VT).
132 Refugee Protection Act of 2011, S. 1202, 112th
Cong. 1st Session (2011) (introduced by Senator Patrick Leahy (D-VT)); Refugee Protection Act of 2011,
H.R. 2185, 112th Cong. 1st Session (2011) (introduced
by Representative Zoe Lofgren (D-CA)) (collectively
referred to as RPA). The RPA is a comprehensive set
of measures promoting the rights and protections
of refugees, asylum seekers, stateless individuals,
and other persons of concern to UNHCR. While the
majority of the bill addresses asylum and refugee issues, one of its 32 sections specifically addresses the
protection of stateless persons in the United States.
See S. 1202, 112th Cong. 1st Session §17, Protection of
stateless persons in the United States.
included language requesting a report to begin to
understand the phenomenon of statelessness in the
United States. See e.g., H.R. 72, 111th Cong. 1st Session
(2009) (introduced by Representative Sheila Jackson Lee (D-TX)).
134 RPA at §17 (b)(1). The language explicitly excludes persons who are inadmissible on certain criminal or security-related grounds, §17 (b)(1)(C) (referring to inadmissibility grounds under INA §212(a)(2),
(3)); or are determined to be persecutors of others,
§17 (b)(1)(E) (referring to INA §241(b)(3)(C)[sic](i))
and Comprehensive Immigration Reform Act of 2010
S.3932, 11th Cong. §210A(b)(1)(D) (referring to INA
§241(b)(3)(B)(i)).
135 RPA at §17 (c)(1) (stating that an individual is
eligible to seek adjustment to lawful permanent resident status under this Act, if that individual, inter alia,
has been physically present in the United States for
at least five years after being granted conditional
lawful status.)
136 RPA at §17 (c) (3) (stating that following adjustment to lawful permanent resident status under this
Act, it shall be recorded as having been granted at
the time lawful conditional resident status was first
granted, thus satisfying the five-year period as a lawful permanent resident required to become eligible
to seek naturalization as a United States citizen. 8
U.S.C. §1427(a).
137 RPA at §17 (b)(4). Providing work authorization
is discretionary with DHS but, as with most applications that allow for a discretionary grant of work
authorization, it is reasonable to assume that absent
compelling reasons to the contrary, work authorization under this provision would be routinely granted.
The RPA does not indicate whether the individual
may continue to work once in conditional lawful status but given the intention and purposes of these
provisions, it is a reasonable inference that it is intended that work authorization would continue to
be provided throughout the conditional lawful status
period. To ensure such intent is carried out, it would
need to be made explicit in the statute or the regulations.
138 RPA at §17(b)(5).
139 RPA at §17(a)(1).
140 See, e.g., Politis v. Dep’t of Homeland Sec., 2009
WL 650879 (S.D. Tex. 2009) (noting that the individual in removal proceedings had renounced his Greek
citizenship so as to complicate his removal).
133 Prior to 2010, legislation was introduced that
Solutions for the Stateless in the U.S.
47