lead to gaps in authorized employment. Because these individuals have no path to lawful status and cannot leave the United States,
they may well be subject to such restrictions
for the rest of their lives. Neither the individuals themselves nor the U.S. Government is
able to establish their right to return to any
other country—for the simple reason that no
state will allow them to enter.
In addition to supporting the development of
© UNHCR / 2012
The 1954 Convention relating to the Status
of Stateless Persons and the 1961 Convention on the Reduction of Statelessness provide a comprehensive framework for international action on statelessness. While the
United States has not acceded to either of
these Conventions, the jus soli nationality regime in the U.S. is a strong, albeit imperfect,
protection against the creation of statelessness, and brings the United States largely into
alignment with international standards on
the prevention of statelessness. Nonetheless,
the laws and policies of the U.S. fall far short
of providing protection, rights, and liberties
for those stateless individuals residing in the
country.
UNHCR and a number of U.S. Government
officials agree that the only adequate and
lasting solution for stateless individuals in the
United States is to add a section to the law
to address their particular situation. Such a
solution is proposed in the Refugee Protection Act, introduced in both the U.S. Senate
and House of Representatives in 2010 and
again in 2011, which contains a section that
addresses some of the key concerns regarding statelessness in the United States. Significantly, this Act contains a provision that
would establish a process for determining
whether an individual is stateless and, if so, a
path for eligible stateless individuals to seek
lawful permanent residence and ultimately
U.S. citizenship. The U.S. Government worked
with Congress to refine the statelessness provisions included in the RPA and, consistent
with the U.S. commitments made in 2011, has
since engaged in outreach to Congress on
the possibility of advancing legislation of this
sort. Unfortunately, these provisions have not
yet become law.
Solutions for the Stateless in the U.S.
3