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
circumstances, the prospect of deportation exacerbates feelings of
anxiety and despair. 374
The need for release from these psychological, emotional, and
mental pressures are impeded by the perpetual check-in requirements
associated with order of supervision requirements and time spent in
detention while waiting for the United States government to exhaust
its attempts to deport. 375 One practical change that the United States
can implement is reducing the need for order of supervision check-ins
from once every few months to once a year. This change is practical in
two ways. One, there is no need for new legislation. INA Section
241(a)(3), gives DHS the discretion to release an alien under orders of
supervision. 376 Further, there are already regulations in place that give
the DHS the discretion to determine how often the alien must report
to an immigration officer. 377 Two, this reduction complies with existing
ICE policy, which requires all aliens released from ICE custody into the
United States to report to ICE at least once a year; so, there is no need
to wait for changes in ICE policy. 378 The second practical change that
the United States can implement is releasing all stateless detainees.
This recommendation is practical because it also does not require new
law. The INA authorizes DHS to arrest, detain, remove, or release
foreign nationals subject to removal. 379
3)
Economic Stability
Due to their lack of identifying documents, many stateless persons
cannot obtain loans, credit cards, or basic bank accounts.380 To
financially support themselves, they need to work. To work as a foreign
national, they need work authorization. 381 INA Section 241.5(b) states
that the immigration officer may, in his or her discretion, grant
employment authorization to the alien if the alien cannot be removed
in a timely manner (e.g., because of the refusal of the country of
removal to accept the alien), or the alien’s removal is “impracticable or
374. Id.
375. See id. at 72.
376. HILLEL R. SMITH, CONG. RSCH. SERV., IMMIGRATION DETENTION: A
LEGAL OVERVIEW (2019). See Immigration and Nationality Act §241(a),
8 U.S.C. 1231 (2020).
377. See SMITH, supra note 376.
378. AUDREY SINGER, CONG. RSCH. SERV., IMMIGRATION: ALTERNATIVES
TO DETENTION (ATD) PROGRAMS 5 (2019).
379. Id. at 7.
380. KERWIN ET AL., supra note 183, at 71.
381. Id. at 200.
398