The year 2011 marked the 50th anniversary of
the 1961 Convention on the Reduction of Statelessness and to commemorate that occasion,
UNHCR, pursuant to its mandate,3 launched
a global campaign to raise awareness and increase State responsiveness to statelessness.
Among the many fruits of this endeavor, a
number of states, including the United States,
took action, made commitments to action, or
both, to enhance the protection of stateless
individuals.4 Specifically, the United States
pledged to the following:
Actively work with Congress to introduce
legislation that provides a mechanism for
stateless persons in the United States to
obtain permanent residency and eventually citizenship; [and to c]onsider the revision of administrative policies to allow the
circumstance of stateless persons to inform decision-making regarding their detention, reporting requirements, and opportunity to apply for work authorization.5
Almost all stateless individuals in the United
States who are not also refugees have become
stateless while in the U.S., usually through no
fault of their own.6 This is so because stateless individuals often lack identity and travel
documents and are rarely able to travel to the
United States from elsewhere. Among the
causes of statelessness for these individuals
are that their countries have dissolved and
they have not acquired citizenship in any of
the successor states, or there are incompatibilities between different legal regimes that
have left them without a nationality. In other
cases, statelessness may be the result of discriminatory laws or practices or in some cases
even punitive or malevolent treatment.
The 14th Amendment to the United States
Constitution guarantees jus soli citizenship—
in other words citizenship on the basis of
birth on U.S. territory. In a number of circumstances, U.S. laws also extend citizenship to
individuals born to U.S. citizens abroad. These
protections ensure that the United States for
the most part does not “create” stateless individuals, but does not offer a solution for
2
those individuals from other countries who
have become stateless and find themselves
in the United States.
The U.S. Supreme Court has recognized
statelessness as a “condition deplored in the
international community of democracies”
with “disastrous consequences”.7 Despite this
strong view, the United States law does not
accord any protections to stateless individuals in the country, nor does it provide any
avenue for these individuals to acquire lawful status or citizenship on the basis of their
statelessness alone.
Stateless individuals who have not been identified by the U.S. immigration system live in
the shadows without any means to support
themselves lawfully and in constant fear of
exposure. Because they have no country of
nationality, there is generally nowhere for
them to “return”. These individuals are left
with no alternative but to remain in the United States without any official status or protection, leaving them vulnerable to discrimination and poverty. Without travel or identity
documents, travel within the United States
is complicated and travel outside the United
States is next to impossible—which often
means they must live forever apart from family and loved ones.
Stateless individuals who have gone through
the U.S. immigration system and have a final
order of removal issued against them experience particular protection concerns. Among
these are extended periods of detention and
the imposition of restrictions—“orders of supervision”—as a condition of release. Orders
of supervision typically require regular inperson reporting to government authorities—
ranging anywhere from once a week to once
a year—and limit the geographic areas within
the United States to which the individual may
travel without explicit permission. An order of
supervision may grant a stateless individual
permission to work, but must be renewed annually, requires paying a fee of several hundred dollars for each request or renewal, and,
because of delays in processing time, can
Citizens of Nowhere: