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
of movement. 23 They may also face other barriers including travel
restrictions and social exclusion. 24 As a result, they experience increased
vulnerability to sexual and physical violence, human trafficking,
exploitation, and forcible displacement. 25
The tragedy of statelessness is that it is a man-made problem.26
And so far, neither the international community nor the national
authorities have adequately addressed it. On an international scale, a
collective action problem hinders global cooperation towards reducing
the number of stateless individuals as individual countries hesitate to
confer their nationality onto stateless individuals, hoping that another
country will instead. 27 On a domestic scale, the current immigration
framework used by United States immigration authorities is deaf to the
specific political and economic needs of stateless individuals.28
Unfortunately, the problem of statelessness is intractable without an
international agreement on state responsibility for stateless
individuals. 29
In Part One, I explain the causes of stateless persons. First, I
summarize the political determinants of statelessness; including, state
succession, arbitrary discrimination, and technical causes. Then, I will
put a human face on statelessness by talking about the consequences of
statelessness. In Part Two, I describe the international legal framework
that has proven to be ineffective at providing an international solution.
International cooperation to improve the status of stateless individuals
and reduce or eliminate statelessness has enjoyed limited success for
several reasons. 30 First, the biggest obstacle to an international solution
is a collective action problem resulting from the tension between
23.
Id.
24.
Anna Roberts, No Place to Run: The Forgotten Vulnerabilities of the
Stateless, O’NEILL INST. (Oct. 3, 2016), https://oneill.law.georgetown.edu/noplace-to-run-the-forgotten-vulnerabilities-of-the-stateless/.
25.
Id.
26.
U.N. High Comm’r for Refugees (UNHCR), Ending Statelessness Within
10 Years, at 2 (Nov. 2010) [hereinafter Ending Statelessness Within 10
Years].
27.
See id. at 5–6.
28.
Corgan, supra note 18, at 6.
29.
Benjamin Boudreaux, Statelessness, Sovereignty, and International Law:
Promoting the “Right to Have Rights,” in HUMAN DIGNITY AND THE
FUTURE OF GLOBAL INSTITUTIONS 207, 211 (Mark P. Lagon & Anthony
Clark Arend eds., 2014).
30.
Michelle Foster & Hélène Lambert, Statelessness as a Human Rights
Issue: A Concept Whose Time Has Come, 28 INT’L J. REFUGEE L. 564,
565.
361