Case Western Reserve Journal of International Law 53 (2021)
Ghosts in America: Working Towards Building a Legal Framework for
Stateless Individuals in the United States
B)
Consequences of Statelessness
The consequences of a lack or loss of nationality are devastating
socially, politically, and economically. 78 Research has shown that the
stateless are among the world’s most vulnerable populations.79
Statelessness affects a myriad of rights; such as: education,
employment, social welfare, housing, healthcare, freedom of movement,
freedom from arbitrary detention and political participation. 80 Stateless
individuals are also more likely to encounter travel restrictions, social
exclusion, and are more vulnerable to sexual and physical violence,
exploitation, trafficking in individuals, forcible displacement, and are
at an increased risk of radicalization. 81
Stateless individuals are also frequently subjected to or at risk of
prolonged or indefinite arbitrary detention. 82 Unlike foreign nationals
with some form of nationality, stateless individuals can be subject to
lengthy detention while they attempt to prove that they are not a
national of any State. 83 Also unlike foreign nationals, a stateless
individual who cannot acquire asylum status often cannot be returned
because they have no State of nationality to return to or their country
of origin or habitual residence will not take them back. 84 Consequently,
stateless individuals in countries that have no limit on detention face
long-term or indefinite detainment. 85 Stateless individuals in countries
with a limit on detention face a lifetime of worrying about when or if
officials might try to deport them again. 86 For example, in Australia,
non-citizens who do not have a valid visa must be detained until they
78.
See generally What is Statelessness?, supra note 55 (outlining negative
effects of statelessness on individuals).
79.
van Waas, supra note 37, at 133.
80.
What is Statelessness?, supra note 55.
81.
Jeri L. Dible, The Social and Political Consequences of Another Stateless
Generation in the Middle East, (Feb. 23, 2016) (Monograph, Command
and
General
Staff
College)
(released
to
public)
https://apps.dtic.mil/dtic/tr/fulltext/u2/1039168.pdf.
[https://perma.cc/2BW8-C84H].
82.
Katherine Perks & Jarlath Clifford, The Legal Limbo of Detention, 32
FORCED MIGRATION REV. 2, 42 (2009).
83.
Id.
84.
See, e.g., id.
85.
Id.; see, e.g., Kelly Burke, Immigration Deadlock as 50 Asylum Seekers
Detained Indefinitely for Being Stateless, 7 NEWS (Sept. 3, 2019),
https://7news.com.au/politics/immigration-policy/immigrationdeadlock-as-50-asylum-seekers-detained-indefinitely-for-being-stateless-c433296 [http://perma.cc/LK8T-SAUU].
86.
Corgan, supra note 18, at 6–7.
367