Notes
1 Due to a lack of reliable, comprehensive data on
stateless individuals in the United States, this number is undetermined. This report addresses some of
the challenges in quantifying the number with available statistics. See infra “STATELESS INDIVIDUALS
IN THE UNITED STATES—Challenges in Quantifying”.
2 Important populations of stateless individuals, or
individuals at risk of statelessness, are not addressed
by this report. Their situations present important issues that need further attention and full redress, but
are beyond the scope of this report.
For instance, some stateless persons in the United
States do have a means to attain lawful status – e.g.,
individuals married to U.S. citizens and those recognized as refugees abroad or through the U.S. asylum
system. These individuals have a means to obtain
lawful permanent residence and ultimately U.S. citizenship and as such have lawful recourse to end their
statelessness. These individuals are not covered by
this report.
There are still others who are stateless and risk remaining so, such as the roughly 40,000 refugees
from Bhutan who were resettled to the U.S. from Nepal over the past five years. Unlike most resettled
refugees, these refugees are not recognized as nationals of any country. Although they have a means
to obtain lawful permanent residence and ultimately
U.S. citizenship, historical data indicate that not all
refugees and asylees complete the necessary steps
to achieve citizenship. In the case of these refugees,
if they do not obtain U.S. citizenship, they will remain stateless. Given that they have lawful recourse
to end their statelessness, this population is not addressed in this report.
Another important issue beyond the scope of this
report concerns the inability of some refugees and
asylees in the United States to become U.S. citizens
through the naturalization process. This can occur
for a number of reasons, including inability to cov-
36
er the costs—the current fee is $680 per person; or
an inability to meet the English language or civics
knowledge requirements. 8 U.S.C. §1423(a) & (b).
There are limited waivers or exceptions for these requirements.
Nor does this report address the concerns that some
elderly and disabled refugees who have not been
able to become U.S. citizens have or are in danger
of losing federally funded Supplemental Security Income benefits.
3 See, e.g., General Assembly Resolution 50/152
(1996) at ¶14 (“The General Assembly ... Encourages
the High Commissioner [for Refugees] to continue
her activities on behalf of stateless persons, as part
of her statutory function of providing international
protection and of seeking preventive action...”) (emphasis in original); General Assembly Resolution
61/137 (2007) (“The General Assembly...notes the
work of the High Commissioner [for Refugees] in regard to identifying stateless persons, prevention and
reducing statelessness, and protecting stateless persons, and urges the Office of the High Commissioner
to continue to work in this area....”); U.N. SecretaryGeneral, Guidance Note of the Secretary General:
The United Nations and Statelessness, June 2011 at
3 (“The U.N. General Assembly has entrusted the
Office of the United Nations High Commissioner for
Refugees (UNHCR) with a mandate relating to the
identification, prevention and reduction of statelessness and protection of stateless persons.”), available
at <http://www.unhcr.org/refworld/pdfid/4e11d5092.pdf>. It
is important to note that UNHCR’s mandate to address statelessness does not necessarily extend to all
stateless persons. Under Article 1 of the 1954 Convention relating to the Status of Stateless Persons, Sept. 28,
1954, 360 U.N.T.S.117 (1954 Convention), those stateless “persons with respect to whom there are serious
reasons for considering that: (a) They have committed a crime against peace, a war crime, or a crime
Citizens of Nowhere: