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.
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