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
Vietnam to deport Vietnamese nationals. 278 Under the agreement, the
United States government pays the cost of repatriation under the
agreement and the Vietnamese government issues travel documents
authorizing return, once the deportee is determined to be a national of
Vietnam. 279 Article 2, Section 2 of the agreement exempted Vietnamese
citizens “who arrived in the United States before July 12, 1995, the date
on which diplomatic relations were re-established between the United
States Government and the Vietnamese Government.” 280 In 2017, the
Trump administration unilaterally determined this exemption did not
apply to convicted criminals. 281 The Vietnamese government stopped
issuing the required travel documents and the United States
government had to suspend the repatriation program. 282 The United
States also entered into a similar agreement with Cambodia in 2001.283
Not only is the effectiveness of these types of agreements
questionable, they also impose substantial emotional and mental
burdens on the individuals they affect. 284 Individuals with final orders
of removal who are not deportable live day-to-day not knowing if or
when they would be deported. This imposes a toll on an individual’s
mental health. 285 Further, many stateless individuals have been here
since they were children and now many of them have partners, United
States citizen-children, and steady jobs. 286 Forcing them to leave the
United States and return to an unfamiliar country would be devastating
for them given that their entire lives are rooted in the United States.
278. Price, supra note 180, at 481.
279. Id.
280. Ellen K. Boegel, Donald Trump and the Complicated Diplomacy of
Deportation, AMERICA THE JESUIT REVIEW (July 28, 2019),
https://www.americamagazine.org/politics-society/2019/01/28/donald-trump-andcomplicated-diplomacy-deportation [https://perma.cc/Z767-RNK9].
281. Id.
282. Id.
283. Price, supra note 180, at 481–2.
284. See generally NAT’L ASIAN PAC. AMERICAN WOMEN’S F. & SE. ASIA
RES. ACTION CTR., DREAMS DETAINED, IN HER WORDS: THE EFFECTS
OF DETENTION AND DEPORTATION ON SOUTHEAST ASIAN AMERICAN
WOMEN AND FAMILIES 4–20 (2008).
285. Southeast Asia Resource Action Center, The Devastating Impact of
Deportation on Southeast Asian Americans, https://www.searac.org/wpcontent/uploads/2018/04/The-Devastating-Impact-of-Deportation-onSoutheast-Asian-Americans-1.pdf [https://perma.cc/6224-82YB].
286. See Shannon Dooling, 40 Years After the Vietnam War, Some Refugees
Face Deportation Under Trump, NPR (Mar. 4, 2019, 9:00 AM),
https://www.npr.org/2019/03/04/699177071/40-years-after-thevietnam-war-some-refugees-face-deportation-under-trump
[https://perma.cc/P6DA-TKCL].
387