Stateless in the United States:
Current Reality and a Future
Prediction
Polly J. Price*
ABSTRACT
Statelessness exists in the United States-a fact that
should be of concern to advocates of strict immigration control
as well as those who favor a more welcoming policy. The
predominant reasons for statelessness include the presence of
individuals who are unable to prove their nationality and the
failure of their countries of origin to recognize them as citizens.
Migrants with unclear nationality, already a problem for the
United States, obstruct efforts to control immigration by the
deportation of unauthorized aliens. These existing problems of
national identity will increase exponentially if birthright
citizenship in the United States is amended to exclude the
children of undocumented aliens. Contrary to common
assumptions, proposed changes to U.S. citizenship law would
exacerbate statelessness into the next generation when no
fallback nationality is available.
TABLE OF CONTENTS
1.
II.
......................................
INTRODUCTION
THE PRESENT PROBLEM OF STATELESSNESS .............
A.
B.
Statelessness as an International
.......................
Sociopolitical Concern
Statelessness in the Western Hemisphere..........
1. De Jure Statelessness in the Americas ......
2. De Facto Statelessness in the Americas.....
.......
a. Latin America ...............
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Professor of Law, Emory University School of Law. My thanks to participants in
the following conferences for comments on earlier versions of this Article: Citizenship
in Question: Evidentiary Challenges for Jus Soli (Boston College); Emory-UGA
Summer Workshop; and an Emory Law School faculty colloquium. Ed Shoemaker, J.D.,
Ph.D., provided valuable comments, and Justin Russo added excellent research
assistance. This Article was supported by a research grant from Emory Law School.
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