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other parts of the Western Hemisphere. It proceeds to show how
statelessness would increase if the United States should alter its
birthright citizenship rules, using the Birthright Citizenship Act of
2013 as an example for this proposed change. In its latter sections,
this Article explains the mechanisms that would create statelessness
for children and why statelessness is an undesirable result both for
the individuals involved and for the United States.
II. THE PRESENT PROBLEM OF STATELESSNESS
A. Statelessnessas an InternationalSociopolitical Concern
Stateless is a term used in international legal instruments to
denote individuals and populations with no enforceable assertion of a
nationality.9 Whether someone is stateless ultimately depends on the
viewpoint of the state with respect to the individual or group of
individuals.' 0 Identifying stateless persons can prove difficult." An
estimated 12 million persons are believed to be stateless throughout
the world.12 But the State Department warns that because the data
are unreliable, it is impossible to know whether those numbers are
growing or shrinking.' 3
The problem of statelessness has been substantial enough to
attract international attention since at least 1954. Two international
conventions constitute the primary framework for definitions of and
9.
See generally U.N. HIGH COMM'R FOR REFUGEES [UNHCR], THE STATE OF
THE WORLD'S REFUGEES: A HUMANITARIAN AGENDA ch. 6 (1997), available at
http://www.unher.org/3eb7ba7d4.pdf (defining a stateless individual as someone "who
is not considered as a national by any state under the operation of its law").
10.
See generally Alison Harvey, Statelessness: The 'de facto' Statelessness
Debate, 24 J. IMMIGR. ASYLUM & NATIONALITY L. 257, 259 (2010) (demonstrating the
need to create a new way to describe individuals who are not stateless, but also not
entitled to all the rights of citizenship, rather than using the term de facto stateless
given the confusion it has introduced into the statelessness debate).
11.
As explained by Refugees International: "Some stateless persons may be
registered as foreigners, non-national residents, or be categorized as nationals of
another state, even in instances where the other state does not consider them as
nationals and will not protect them. . . . Questions about nationality and citizenship
also arise for children of migrant workers." KATHERINE SOUTHWICK & M. LYNCH,
REFUGEES INT'L, NATIONALITY RIGHTS FOR ALL: A PROGRESS REPORT AND GLOBAL
SURVEY ON STATELESSNESS 2 (2009), available at http://www.refintl.org/sites/default/
files/RI%20Stateless%20ReportFINAL_031109.pdf.
12.
See Jay Milbrandt, Stateless, 20 CARDOZO J. INT'L & COMP. L. 75, 76 (2011)
(suggesting the issue of statelessness is one of extreme, international importance
today, and that a cooperative international network could be a viable solution).
13.
See Samuel M. Witten & David J. Kramer, Imagine This: You Have No
Country, No Country Will Claim You, DIPNOTE: U.S. DEP'T ST. OFFICIAL BLOG (Sept.
16, 2008, 8:30 AM), http:/Iblogs.state.gov/index.php/entries/no-country/ (stating that
due to the limited data regarding the stateless, few trends can be delineated, but the
State Department is adding the issue to annual country reports to increase awareness).