The U.S. Framework 2012 Continuing Appropriations Bill During deliberations for the 2012 Continuing Appropriations Act, the U.S. House of Representatives Committee on Appropriations expressed the following concerns about stateless individuals: The Committee has become aware of the tragedy of...individuals in the United States who may be classified as “stateless” because they have no legal claim to U.S. residency but are unable to return to their country of origin. This situation can arise because of changes in political structures such as the collapse of the Soviet Union, destruction of citizenship records due to revolution or civil unrest, and other geopolitical changes outside of their control. In such cases, there is no legal pathway for stateless persons in the United States to gain lawful status, and therefore they remain unable to participate fully in society. The Committee encourages USCIS [U.S. Citizenship and Immigration Services] to work with CBP [Customs and Border Protection], ICE [Immigration and Customs Enforcement], and the Office of Immigration Statistics to review DHS [Department of Homeland Security] records and attempt to quantify the number of stateless persons in the country. The Committee also encourages USCIS to provide recommendations to the relevant Congressional committees of jurisdiction that are developing immigration reform legislation so that USCIS has legal methods to address statelessness in the future.73 United States laws employ principles of both jus soli and jus sanguinis. Article 1 of the Fourteenth Amendment of the U.S. Constitution guarantees that “[a]ll persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside”.74 This jus soli citizenship provides the single greatest protection against statelessness under U.S. law by ensuring that statelessness cannot be inherited.75 Children born to U.S. citizens abroad under most circumstances acquire U.S. citizenship at birth. The federal statutory provisions that set forth who “shall be nationals and citizens of the United States at birth” encompasses both jus soli and jus Solutions for the Stateless in the U.S. sanguinis principles for acquisition of citizenship, with some exceptions to “inherited” U.S. citizenship.76 As discussed more fully below, over the years, U.S. courts have explicitly recognized the vulnerability of stateless persons in a variety of circumstances and expressed an interest in preventing statelessness as a matter of policy. This long-held stance in favour of protecting against statelessness found in the U.S. Constitution, federal laws, and court interpretation of the laws is not as clear in the arena of administrative law and policy. 17

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