Addressing Statelessness
in the United States
The United States has recently championed
diplomatic efforts to address the problem of
statelessness worldwide,125 in large measure
through the U.S. Department of State; yet
the circumstances and treatment of stateless
individuals within the United States receive
very little attention. The year 2011 marked the
50th Anniversary of the 1961 Convention.126
As the culmination of this Commemorative
year, UNHCR hosted a ministerial meeting of
States in December 2011. States were asked
to announce at that meeting pledges that
would enhance their commitment to meeting
their obligations and improve the quality of
protection and of the lives of individuals within their territory covered by this instrument.
In his closing remarks, UNHCR High Commissioner António Guterres stated: “Where I believe there was a real breakthrough, a quantum leap, was in relation to the protection
of stateless people”.127 At that meeting, the
United States made several pledges relating
to stateless individuals including those in the
United States.128 These pledges are positive
steps that reflect both efforts already underway, as well as the need for further action. If
fulfilled, these pledges will go a long way towards enhancing the rights and protections
accorded stateless individuals.
In recent years, DHS has provided limited
administrative measures for stateless individuals on a case-by-case basis, such as facilitating a grant of work authorization or
considering a reduction in the frequency or
extent of reporting or supervision requirements. Although these administrative remedies assist the few individuals who obtain
28
U.S. Government Pledges to
Address Statelessness in the
United States
Actively work with Congress to introduce legislation that provides a mechanism for stateless persons in the United States to obtain permanent residency and eventually citizenship.
Consider the revision of administrative policies
to allow the circumstances of stateless persons
to inform decision-making regarding their detention, reporting requirements, and opportunity to apply for work authorization.
U.S. Commemorations Pledges
December 7, 2011 129
them, they are not known or accessible to
most stateless individuals. At present, there
is no uniform written guidance on how immigration officials should treat stateless individuals, including when and how to assess
whether an individual is, in fact, stateless;
setting the terms of release from detention;
specifying the requirements under orders of
supervision; or granting work authorization.
In addition, there is no designated office or
entity responsible for addressing issues of
statelessness; no office or entity designated
to make stateless status determinations and
no stateless determination process in place.130
The first comprehensive legislative solution that would provide a pathway for stateless individuals residing in the United States
to obtain lawful status was introduced in
Citizens of Nowhere: