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
It would also be financially devastating on the family they leave behind
in the United States.
Part Four: Policy Recommendations for the United
States
Part Four explores the possible policy recommendations for the
United States, starting with the least desirable solutions and ending
with the most desirable. This Section will conclude that the best
recommendation is a needs-based solution that synthesizes what
stateless individuals need most with what is practically possible in the
current political climate. This Note does not claim that the most
desirable solution is the perfect solution. However, because of the
intense vulnerability that stateless individuals endure, 287 it is imperative
that there be a meaningful effort to find the best solution for them. For
this discussion, we will not consider “recalcitrant” countries and visa
sanctions, indefinite orders of supervision, and repatriation programs as
possible solutions because their downsides have been discussed at length
earlier in this Note.
As a threshold issue, the United States should accede to the 1954
Convention and the 1961 Convention. 288 First, due to increased global
migration and intermarriages between citizens of different States, more
individuals have to deal with complicated legal and procedural
requirements to establish their citizenship. 289 By acceding to both
statelessness conventions, there will be increased legal transparency
and predictability with respect to other States, as more States accept
the rules contained in these treaties. 290 Second, if more States accede to
the statelessness conventions, there will be greater international
cooperation to prevent statelessness. 291 Third, in acceding to the
statelessness, States undertake to identify potential stateless
populations and take measures to prevent and reduce statelessness
287. Eric Schwartz, Civil Society Can Move Forward on Statelessness in the
United States, REFUGEES INT’L (Nov. 13, 2018),
https://www.refugeesinternational.org/reports/2018/11/13/civil-societycan-move-forward-on-statelessness-in-the-united-states
[https://perma.cc/4G2R-RBX7].
288. Id.
289. U.N. High Comm’r for Refugees (UNHCR), The Statelessness
Conventions Campaign Why States Should Accede to the 1954 and 1961
Statelessness Conventions (Oct. 2010),
https://www.refworld.org/docid/4cb6b2052.html
[https://perma.cc/4AKN-96TQ].
290. Id.
291. Id.
388