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STATELESSNESS AS RHETORIC
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ambitious goal of ending statelessness in ten years (by 2024). 326 UNHCR's
Global Action Plan called on States to take action to "better identify and protect
stateless persons." 327 In 2017, UNHCR described statelessness as a concern
within the scope of the Sustainable Development Goals. For example, UNHCR
linked statelessness to Sustainable Development Goal 16, which calls on States to
promote "peaceful and inclusive societies for sustainable development." 328 At the
domestic level, States have begun to engage more with international law's statelessness definition apart from determining statelessness. In the United States, for
example, the relationship between statelessness and issues such as national security and terrorism 329 and the status of "dreamers" 330 continues to be debated. The
Trump administration has proposed restrictions on birthright citizenship—which
could have implications on statelessness—as a solution to US immigration issues. 331
The recent, renewed attention on statelessness reveals the beginnings and
continuation of debates towards a more normative and goal-oriented approach to
the definition. States, UN bodies and specialized agencies, working with academics and experts, have largely driven these attempts to change the definition. These
attempts at changing the concept of statelessness could be grouped into three
movements.
The first concerns an approach to interpretation. As explained in Part I.C.2,
scholars recommend a fuller interpretation of the existing definition, putting an
emphasis on the "operation of the law" clause as a way of gauging the status of a
potentially stateless person. Under this approach, the focus is not simply on the
Statelessness, Aug. 30, 1961, 989 U.N.T.S. 175. Secretary-General Ban Ki-Moon's note regarded
statelessness as a collective responsibility of the UN system, with UNHCR having the lead mandate.
See UNITED NATIONS, Guidance Note, supra note 88, at 14–15.
326. UNHCR, Global Action Plan to End Statelessness 2014-2024 2 (2017) https://www.unhcr.org/protection/statelessness/54621bf49/global-action-plan-end-statelessness-2014-2024.html
(last visited Apr. 15, 2019).
327. See UNITED NATIONS, Guidance Note, supra note 88, at 2, 4.
328. Sustainable Development Goals, G.A. Res. 70/1, Goal 16, U.N. Doc. A/RES/70/1 (Oct. 21,
2015); see UNHCR, The Sustainable Development Goals and Addressing Statelessness: A Briefing
Note 4 https://www.refworld.org/pdfid/58b6e3364.pdf (last visited Apr. 15, 2019); see also Katy Long
et al., Citizenship, Migration and the 2030 Agenda for Sustainable Development 8–9 (2017),
OVERSEAS DEV. INST., https://www.odi.org/sites/odi.org.uk/files/resource-documents/11744.pdf (last
visited Apr. 15, 2019).
329. See Jayaraman, supra note 293.
330. See Jamilah Sabur, Let 'Dreamers' Live in the US – Their Home, SUN SENTINEL (2017),
http://www.sun-sentinel.com/opinion/commentary/fl-op-viewpoint-sabur-dreamers-20170905story.html (last visited Apr. 16, 2019).
331. See Julie Hirschfeld Davis, President Wants to Use Executive Order to End Birthright Citizenship, N.Y. TIMES (Oct. 30, 2018), https://www.nytimes.com/2018/10/30/us/politics/trump-birthright-citizenship.html. For an early examination of birthright citizenship in the US as it relates to statelessness, see Polly Price, Stateless in the United States: Current Reality and a Future Prediction, 46
VAND. J. TRANSNAT'L L. 443 (2013) (arguing that confusion over national identity would increase
exponentially if birthright citizenship were amended to exclude the children of undocumented persons).