representing stateless clients. A statelessness determination by UNHCR may help demonstrate that a person
is not, in fact, a citizen of any State. Moreover, an individual client’s statelessness might be a key element to
a claim for international protection, for cancellation of removal, or for a form of prosecutorial discretion.
Statelessness determinations issued by UNHCR may also be useful in addressing conditions post-removal
with Immigration and Customs Enforcement (ICE) officers, including release from detention and reducing
any reporting requirement given the low likelihood of removal. Each of these areas is explored in more
detail below.45
Practice Point
Preparing a Request to Authorities (U.S. Government or UNHCR)
For a Stateless Determination
Whether preparing a statelessness determination request for UNHCR or for U.S. immigration authorities
to recognize an individual as stateless, consider including both factual support and a legal brief, or at a
minimum, a legal summary explaining why the individual meets the definition of a stateless person using
the criteria set out by the UNHCR Statelessness Handbook. This includes a summary of the facts of the
person’s immigration proceedings in the United States, as well as the factual events that led to their
statelessness. Where possible, include:
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An affidavit attesting to these facts;
Letters or documents supporting these facts;
A birth certificate or some sort of identity document;
Birth certificates of the parents;
Where the individual has travel documents, address how the documents either do not establish that
they have nationality, or how the documents have become void as a form of proof of citizenship;
Any other forms of documentary evidence listed above
The request would also benefit from a discussion of the various considerations/elements relevant to
proving an individual’s nationality (or lack thereof), including (a) the State(s) to which the individual has
relevant ties and how they are formed; (b) the automatic and non-automatic means by which an individual
obtains nationality in each State to which the individual has ties, and why she does not have either
(perhaps including copies of the relevant nationality laws); (c) any consular response to an individual’s
request for recognition of nationality or request for travel documents, including any written response of
the consulate that states that the individual is not a citizen, or an affidavit including information on the
individual’s outreach to the consulate and the response; (d) the State(s)’ general attitude toward nationality
status of persons who are similarly situated.
A statelessness determination may be of use in other, non-immigration contexts. However, the scope of this manual is limited
to the immigration context, and those contexts are not explored here.
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