2010131 and again in 2011,132 as part of a larger bill known as the Refugee Protection Act
(RPA).133 The provisions relating to statelessness authorize the Secretary of Homeland Security and the Attorney General to “provide
conditional lawful status to [certain stateless
individuals] who [are] otherwise inadmissible
or deportable from the United States”.134 Under these provisions, five years after a grant
of conditional resident status, a stateless individual becomes eligible to apply for Lawful
Permanent Resident (LPR) status.135 Once the
application for LPR status is approved, the individual becomes immediately eligible to apply for U.S. citizenship.136
An individual who applies for status under
these provisions is eligible to request work
authorization.137 Upon receipt of conditional
lawful status, the spouse or child of that individual may be granted conditional lawful status if they meet certain criteria.138 “Individuals who have lost their nationality as a result
of their voluntary action or knowing inaction
after arrival in the United States” are not eligible to seek status under these provisions,139
resolving the threshold concern about individuals who may attempt to abuse the law to
gain U.S. citizenship.140
© UNHCR/G. Constantine
The proposed legislation defines a stateless
individual as someone “who is not considered a national under the laws of any country,”141 which differs from the 1954 Convention
Solutions for the Stateless in the U.S.
defining a stateless individual as “a person
who is not considered as a national by any
State under the operation of its law”.142 The
language in the RPA may be subject to a narrower interpretation of who is stateless and
thus eligible to receive protection and lawful
status in the United States than was contemplated by the 1954 Convention. For example,
under the RPA definition, an individual who is
without nationality due to the discriminatory
application of a citizenship law that should
otherwise apply to her might not be considered stateless.143 In view of the longstanding
definition contained in the 1954 Convention,
its recognition by some international authorities as customary international law,144 and the
apparent purpose of the stateless provisions
of the RPA to ensure stateless individuals
are recognized and accorded access to lawful status in the United States,145 the stateless
definition should be understood and applied
in a manner consistent with the definition in
Article 1(1) of the 1954 Convention.
The provisions in the 2011 RPA concerning
statelessness could easily be introduced as
a stand-alone bill or as part of some other
bill, and do not need to be specifically tied to
this particular legislative effort. The U.S. Government worked with Congress to refine the
statelessness provisions included in the RPA
and, consistent with the U.S. commitments
made in 2011, has since engaged in outreach
to Congress on the possibility of advancing legislation
of this sort. These provisions
are a strong first step toward
addressing the protection
concerns of some stateless
individuals and, combined
with changes in administrative practices including providing greater access to work
authorization, would enhance
the lives of many stateless individuals in the United States.
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