9.
In the US, stateless people who lack immigration status are generally excluded from federal, or
state-funded health insurance or relief programs.9 As the federal government released its first,
second, and third stimulus packages, only those in the United States with a valid Social Security
Number (SSN) were eligible to receive them. Most stateless persons do not have a social security
number, and as such, were excluded from the relief stimulus programs. Also, fears of authorities
works as a deterrent for stateless people in enjoying their right to vaccinations. They fear being
asked for their ID.10
10. For stateless individuals in the U.S. immigration detention centers, the effects of Covid-19 are
especially severe. Over-crowded cells, lack of social distancing, unsafe and unsanitary living
conditions and improper medical care have all been reported as an ongoing reality in the US
immigration detention facilities. Naturally, these conditions aggravate the suffering inherent in the
experience of statelessness11.
Stateless persons in the U.S. Immigration Detention
11. Many stateless people in the United States are undocumented and undeportable. Due to the lack
of a dedicated statelessness identification and determination procedure, detention and removal
officers may be unconvinced that an individual is stateless and therefore undeportable. In such
cases, officers may declare that a removable non-citizen is uncooperative, or otherwise find their
removal reasonably foreseeable. As a result, stateless persons continue to face a risk of prolonged
or indefinite immigrant detention in the U.S., a situation that likely violates Article 9 of the ICCPR.
Statelessness is not a defense against removal in the U.S., and removal procedures do not take
account of a person’s stateless status when a country for removal is determined. As a result, there
have been cases of stateless persons being deported to countries to which they have no
meaningful links.
12. While in immigration detention, some stateless persons are subjected to forced labor, which may
violate the Abolition of Forced Labor Convention Article 1, which prohibits the use of forced labor
as part of discrimination on the grounds of nationality. United Stateless has received reports of
stateless youth in detention being forced to clean the toilets of immigration guards.
Lack of enjoyment of rights and adequate protection for stateless people
Inability to travel or work
13. Stateless persons in the U.S. experience limited freedom of movement, in violation of the ICCPR
Article 12(1). They may spend years under a final order of removal from the U.S. but cannot be
removed or resolve their status. Without the ability to travel outside the U.S. or to sponsor family
members, stateless people may spend years, even decades, separated from family members.
“I found out about my statelessness while attempting to voluntarily deport myself to my home
country to be with my dying father, only to be denied this right on the grounds that my country no
longer recognized me as a citizen.” - United Stateless member
9
Institute on Statelessness and Inclusion, Together We Can. The COVID-19 impact on stateless people & a roadmap for change, 2021,
https://files.institutesi.org/together_we_can_report_2021.pdf, p. 8.
10
Ibid., p. 30. (Together we can report)
11
New York Times Virus cases are surging at crowded immigration detention centers in the U.S.
3