a legislative framework, the U.S. Government
has undertaken certain administrative efforts
that help lessen the hardships facing stateless individuals. This includes a 2012 policy
that provides discretion to lessen reporting
requirements for certain stateless individuals with final orders of removal. Additional
administrative policy changes that could improve the quality of life of stateless individuals
in the United States would include routinely
providing work authorization, refraining from
detaining them when it is clear that there is
no country that will accept them, and limiting
the in-person reporting requirements.
This report provides information on statelessness in the United States and offers recommendations to aid policy makers and legislators in implementing administrative and
legislative changes to improve the lives of
stateless individuals who already reside in this
country—individuals like Tatianna and her son
David—so that they are able to participate as
full members of society. This report makes
the following recommendations concerning
stateless individuals in the United States.
Recommendations for
the White House
1. As pledged by the U.S. Government in December 2011, support and encourage Congressional efforts to enact legislation that
provides a path for stateless individuals in the
United States to seek lawful permanent residency and, ultimately, U.S. citizenship.
2. In the absence of a legislative framework
addressing statelessness in the United States,
engage in dialogue with the Department of
Homeland Security to grant deferred action,
or temporary permission to reside in the United States, to eligible stateless individuals.
Recommendations for the
United States Congress
3. Enact legislation that provides a path for
4
stateless individuals in the United States to
seek lawful permanent residency and U.S.
citizenship to address the lack of options and
permanent solutions currently available to
them.
4. Amend existing laws to allow stateless individuals to be released from immigration detention during the 90-day removal period, in
recognition of the fact that, in most cases, the
removal of stateless persons is per se unforeseeable.
5. Accede to the 1954 Convention relating
to the Status of Stateless Persons and the
1961 Convention on the Reduction of Statelessness in consultation with the Executive
Branch, and enact any necessary implementing legislation.
Recommendations for the
Department of Homeland
Security
6. As pledged by the U.S. Government in December 2011, support and encourage Congressional efforts to enact legislation that
provides a path for stateless individuals in the
United States to seek lawful permanent residency and, ultimately, U.S. citizenship.
7. Establish an individual statelessness status determination procedure in consultation
with UNHCR that incorporates a definition of
statelessness in accordance with international law and provide successful applicants with
permission to reside in the United States.
8. Designate officers responsible for assessing whether an individual is stateless. Ensure
that they receive comprehensive training and
guidance on making this assessment and
that information concerning the treatment of
stateless individuals is widely disseminated
among all officers.
9. Provide automatic, fee-exempt identity
and work authorization document that does
not require annual renewal to individuals determined to be stateless.
Citizens of Nowhere: