Fisher: Citizenship, Federalism, and Delayed Birth Registration
2024]
C ITIZENSHIP, F EDERALISM, AND DELAYED BIRTH R EGISTRATION
79
because they are unvaccinated, this would not make them stateless,
because the reason for denial is unrelated to their citizenship status.
Similarly, a person denied a job or a bank account for a lack of social
security number would not suffice, because the entities denying access to
a given benefit are private actors. But when a U.S. government agency
denies a person a social security number, passport, or other privilege of
U.S. citizenship, that would demonstrate that the U.S. government does
not consider the person as its citizen. If no other government recognizes
the person as a citizen, the person would be stateless.
The experiences of people who lack birth registration show that at
least some of them are stateless, with many noting particularly the
exclusion created by the lack of a social security number. 171 Many of them
had sought to register their births and spent years attempting to secure
documentation of their identity, with several of their situations unresolved
even after these efforts. These experiences are similar to those of stateless
people born outside the United States, particularly in challenges
navigating bureaucratic situations that require proof of legal identity and
challenges obtaining employment because of a lack of work
authorization. 172
This exploration of people who lack birth registration demonstrates
that individuals born in the United States may experience statelessness. It
may be only small numbers of people who lack birth registration and
experience these forms of exclusion, but these individuals nonetheless
experience great hardship.
VI. CONCLUSION
In Yusuf Idris’ classic short story “Death from Old Age,” the
registrar issued birth certificates, “ma[king] regular citizens, recognized
by the state, out of new-born infants.” 173 The story is astute in observing
the dual function of birth registration: to document the facts of birth and
to ensure state recognition of the legal identity and citizenship of
171. See supra Part III.A.
172. C TR. FOR MIGRATION S TUD., supra note 161, at 68–73; see also Betsy L. Fisher, Discretion
in Immigration Law: A Partial Remedy for Stateless People in the United States, 15 NE. U. L. R EV.
359 (2023).
173. IDRIS, supra note 1, at 123.
Published by IdeaExchange@UAkron, 2025
31