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
of quick implementation. In other words, the most desirable policy
recommendation is not a legislative solution. The first thing to do is
identify a stateless individual’s needs and what, if anything, is impeding
that need. This Section will address the following needs of stateless
individuals: 1) legal status; 2) release from psychological, emotional,
and mental insecurity; 3) economic stability; and 4) freedom to travel.
1)
Legal status
Arguably, the biggest need of stateless individuals is legal status.
Without legal status, they live in limbo without knowing whether they
will be permitted to stay or face deportation to their countries of
origin. 367 Their best hope for legal status in the United States is a grant
of asylum. However, United States courts have consistently found that
statelessness is not an independent ground for asylum. 368 Therefore, a
stateless individual whose application for asylum is denied by USCIS is
at the mercy of an Immigration Judge’s discretion and the Immigration
Judge may not have a [wholistic or accurate]understanding of what it
means to be stateless. 369 To combat this impediment, the DOJ should
provide training to immigration judges and clerks on the determination
of statelessness and its legal implications to hopefully increase the
likelihood that a stateless individual may be granted asylum. This
recommendation is practical because it does not require the passage of
legislation and it works within the United States’ current immigration
legal framework.
2)
A release from psychological, emotional, and mental insecurity
Stateless individuals are constantly under psychological, emotional,
and mental pressures because of uncertainties in the future due to the
lack of legal status and constant threat of deportation. 370 Many report
feelings of depression, anxiety, and hopelessness. 371 Some feel powerless
regarding their situation. 372 Some stateless individuals have to face
these psychological challenges while coping with trauma resulting from
persecution or violence in their home countries. 373 In these
367. KERWIN ET AL., supra note 183, at 70.
368. Citizens of Nowhere, supra note 3, at 18.
369. KERWIN ET AL., supra note 183, at 159.
370. Id.
371. Id. at 74.
372. Id.
373. Id.
397