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
legal status in the United States, they are non-deportable because they
lack citizenship papers needed to enter any country. 52 Working towards
a solution for stateless individuals that would take them out of legal
limbo in the United States is important because the longer they remain
stateless, the longer they lack the protections afforded to them by an
effective nationality or a country that is prepared to exercise protection
and consular services on their behalf. 53 Because they are invisible, they
are dangerously at risk of slavery, child trafficking, prostitution, police
harassment, recruitment into the armed forces, forced labor, and other
forms of abuse. 54
In Part Four, I will discuss policy options that the United States
can employ while it waits for an international solution. Those options
include: 1) the creation of a new state for the stateless; 2) the placement
of stateless individuals in indefinite detention; 3) the creation of a
residency permit system specifically designed for stateless individuals;
and 4) the adoption of legislative amendments to the Immigration and
Nationality Act (INA) that incorporates protections for stateless
individuals. It is important to note however that in the absence of an
international approach, there is no perfect solution for the United
States—only the least objectionable solution.
Part One: Understanding Statelessness
A)
Causes of Statelessness
Statelessness can be caused by several factors. 55 These factors
typically fall into three categories: 1) State succession; 2) discrimination
and arbitrary denial or deprivation of nationality; and 3) technical
causes. 56 This Section will introduce and explain each of the three
principle categories.
52.
Id. at 361.
53.
See Invisible and Vulnerable, World’s Stateless Face Bleak Future, DW,
https://www.dw.com/en/invisible-and-vulnerable-worlds-stateless-facebleak-future/a-15350795-0 [https://perma.cc/48KE-VGML].
54.
Id.
55.
U.N. High Comm’r for Refugees (UNHCR), What is Statelessness?, at 1
[hereinafter What is Statelessness?].
56.
Citizens of Nowhere, supra note 3, at 13.
364