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

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