Case Western Reserve Journal of International Law 53 (2021)
Ghosts in America: Working Towards Building a Legal Framework for
Stateless Individuals in the United States
supervision negatively affect family unity. 257 Stateless individuals under
order of supervision cannot obtain United States passports or
international travel documents. 258 This means that they are
permanently separated from loved ones. 259 Many stateless individuals
express a great sense of sadness and loss at the thought of never being
able to see their parents, siblings, or children again or to attend
funerals, weddings, or births of loved ones. 260 Fourth, monitoring
stateless individuals in perpetuity is both unnecessary and a waste of
scarce immigration resources. 261 And fifth, the opportunity cost of
keeping otherwise productive individuals in a constant state of
economic instability is detrimental to an efficient society. 262 The
frequency and duration of check-ins negatively impacts an individual’s
ability to work. 263 Due to the long wait times associated with check-ins,
individuals often miss a half or even a full day of work in order to
comply with the check-in requirements. 264
3)
Repatriation agreements
In 1996, Congress enacted the Illegal Immigration Reform and
Immigrant Responsibility Act (IIRIRA). 265 IIRAIRA amended the INA
to subject a broader category of aliens to mandatory detention during
removal proceedings until they can be repatriated to their home
country. 266 The INA, as amended by IIRAIRA, allows the government
90 days to remove an alien following the issuance of a final order of
removal. 267 However, stateless individuals cannot be removed within
this period because their home countries are unwilling to accept them
or because their home countries do not have a repatriation agreement
with the United States. 268 These individuals who have nowhere to go
257. Citizens of Nowhere, supra note 3, at 27.
258. Id.
259. Id.
260. Id.
261. Baluarte, supra note 20, at 366.
262. Id.
263. FREED BUT NOT FREE, supra note 243, at 16.
264. Id.
265. Plight of the Tempest-Tost: Indefinite Detention of Detention of
Deportable Aliens, 115 HARV. L. REV. 1915, 1920 (2002).
266. Id.
267. Id.
268. Id.
385