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
within their borders. 292 Identifying and addressing the risks of
statelessness could have a positive impact in allowing for larger parts
of society to participate fully in a country’s economic and social
development. 293 And finally, by acceding to the statelessness
conventions, the United States demonstrates a commitment to human
rights and its cooperation with the international community to reduce
and eliminate statelessness and respect the dignity of all individuals in
need of protection. 294
But ascension by itself is not enough. More should be done to meet
the needs of stateless individuals and it is more feasible that one may
think. First, unlike other migration issues, the challenge is not as
overwhelming 295 because the population is relatively small. 296 The
number of stateless persons, although hard to determine, 297 is unlikely
to be in the hundreds, or even tens of thousands. 298 Second, stateless
individuals are vulnerable in ways that both political parties have been
concerned about in recent years. 299 Stateless individuals, especially
women without access to status, employment, or education are more
susceptible to trafficking. 300 Third, causes of statelessness are often
linked to human rights violations that resonate with both political
parties. 301 Lastly, the need for a legal framework for stateless individuals
has previously come up in Congress. 302 The first legislative proposal
that would provide a pathway for stateless individuals in the United
States to obtain legal status was introduced in 2010 and again in 2011
as part of a larger bill known as the Refugee Protection Act (RPA).303
The provisions pertaining to statelessness authorized the Secretary of
DHS and the United States Attorney General to provide conditional
lawful status to certain stateless individuals who are otherwise
inadmissible or deportable from the United States. 304 The proposal
would have also made stateless applicants eligible for work
292. Id.
293. Id.
294. See id.
295. Schwartz, supra note 287.
296. Baluarte, supra note 20, at 357.
297. See Corgan, supra note 18.
298. Schwartz, supra note 287.
299. Id.
300. Id.
301. Id.
302. Citizens of Nowhere, supra note 3, at 28–29.
303. Id.
304. Id. at 29.
389