to place of birth and to parentage” which “are recorded through birth registration” (UN 2011, 6).
For this reason, birth registration can be “crucial” to “realising the right to a nationality” (ibid.). In
some cases, states do not deny nationality by force of law, but certain populations cannot register
the birth of their children, which denies these children proof of nationality and its rights and
entitlements. In other cases, as with members of Hill Tribes in northern Thailand, local officials
refuse to register childbirths (Rijken et al. 2015).
The United Nations Children’s Fund (UNICEF), which maintains a global database on birth
registration (UNICEF 2017), reports lower than average rates of registration in some developing
countries, for certain ethnic and religious minorities, in remote and rural areas, and for children
from poor households and with uneducated mothers (UNICEF 2013). Some unregistered migrants
may find themselves “doubly undocumented”; that is, without identity documents indicating their
nationality in their home state or in their current state of residence. Exacerbating this problem,
some countries also make it difficult to register births abroad by requiring a return visit, exorbitant
fees, or registration within a short window of time (UNHCR and OSJI 2012; Price 2013).
Similarly, some persons lack the documentation to prove their place of birth. This may occur due
to weak civil registry systems, lack of access to government offices and services, extreme poverty,
or rapid flight (Price 2013). Children born to refugees or asylum seekers may not be able to secure
identity documents and to prove their nationality if they cannot return to their countries of origin
or contact the government because they fear persecution (ibid.).
The 1961 Convention on the Reduction of Statelessness requires Contracting States to prevent
and reduce statelessness by addressing several of these situations. However, these problems
persist in the United States, which for the reasons explained below, is home to stateless persons
in most, if not all of these categories.
Generous US citizenship policies—anchored by the Fourteenth Amendment of the US
Constitution’s guarantee of citizenship to “All persons born or naturalized in the United States,
and subject to the jurisdiction thereof”—operate as a strong check against statelessness for those
born in the United States. For this reason, this report primarily covers US residents who migrated
to the United States and are potentially stateless or potentially at risk of statelessness. As
discussed, these persons have not yet become naturalized US citizens, whether due to the lack of
an available legal avenue, the inability to meet the requirements for permanent residence or
citizenship, extended processing delays or backlogs, or for other reasons. Some US residents may
have lost their nationality while living in the United States.
The US Refugee Act of 198022 sought to harmonize US law with the international standards
for refugee protection set forth in the 1951 United Nations Convention Relating to the Status
of Refugees and the 1967 Protocol Relating to the Status of Refugees.23 However, the United
States has not ratified the 1954 Convention or the 1961 Convention, and it lacks a designated
legal framework on statelessness (Baluarte 2015; Corgan 2012), including a facilitated path to
citizenship. Stateless persons in the United States must instead meet the requirements of US
immigration and naturalization law to secure nationality. Although generous in some respects, US
22 Refugee Act of 1980, Pub. L. No. 96-212, 94 Stat. 102 (1980).
23 Convention Relating to the Status of Refugees, July 28, 1951, 189 UNTS 150 (entered into force April 22, 1954);
Protocol Relating to the Status of Refugees, January 31, 1967, 606 UNTS 267 (entered into force October 4, 1967).
11
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents