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
the new Ukrainian government. 4 Soviet officials had taken and
institutionalized Tatianna’s eldest son for speaking out against the
government and although the Soviet Union had collapsed, the new
Ukrainian government was controlled by many of the same people who
had been in charge under the Soviets. 5 When Tatianna arrived in the
United States, she filed for asylum but was denied by United States
immigration authorities who did not find her fears of oppression
credible. 6 After an appeal process that lasted a decade, her final appeal
was denied in 2002. 7 During that decade, Tatianna established a life in
Springfield, Massachusetts where she made a living as a piano teacher
and certified nurse thanks to a special work permit that was renewed
once a year. 8
One morning, Tatianna and her son were handcuffed, shoved in a
van, and detained for nearly three months by the Department of
Homeland Security (DHS). 9 She had not committed a crime. 10 She was
just simply without legal status. 11 United States immigration officials
tried to deport Tatianna and her son, but they found that she was not
given citizenship by Ukraine because she and her family left Ukraine
before they fulfilled the residency requirements necessary for
citizenship. 12 Because she does not have legal status in any country, she
was deemed non-deportable and released after months of detainment. 13
This experience left her traumatized and left the country with an alien
who was not entitled to be here but had nowhere to go. 14
4.
Dulai & Mendoza, supra note 3.
5.
Id.
6.
Id.
7.
Id.
8.
Id.
9.
Id.
10.
U.N. High Comm’r for Refugees & Open Soc’y Just.
Initiative, supra note 3, at 1; see Stateless People: Protection of the
Rights, ANTI-DISCRIMINATION CTR. (Jan. 7, 2020),
https://adcmemorial.org/en/strategy_cases/stateless-people-protectionof-the-rights/ [https://perma.cc/B4CK-Z94M] (“Detention of stateless
persons . . . in Russian Federation can not be considered legitimate as
deportation is not feasible in such cases.”).
11.
U.N. High Comm’r for Refugees & Open Soc’y Just. Initiative, supra note
3, at 1.
12.
Id.
13.
Id.
14.
Statelessness in the United States, supra note 3.
359