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
contrary to the public interest.” 382 The words to focus on here are “may”
and “in his or her discretion.” This discretionary authority means that
while some stateless individuals released from detention may work,
others may not. There is a need to combat this inconsistency and ensure
that stateless individuals can financially support themselves and
participate fully in the United States’ economy. This need can be met
by DHS’s automatic provision of fee-exempt identity and work
authorization documents that does not require annual renewal to
individuals determined to be stateless. This recommendation is
practical because DHS has provided limited administrative measures
for stateless individuals on a case-by-case basis. 383 DHS can expand
these administrative measures to make them more accessible to a
greater number of stateless individuals.
4)
Freedom to Travel
Stateless individuals in the United States are restricted from
international travel and those under orders of supervision cannot travel
outside of their state of residence or region. 384 These travel restrictions
make it difficult for them to see family abroad and domestically. 385 They
can also impede a stateless individual’s career by making it difficult for
them to attend business trips and travel for conferences. 386 This
impediment can be solved by DHS eliminating domestic travel
restrictions for stateless persons and allowing them to move and settle
where they want in the United States. DHS and DOS should also offer
documentation that allows stateless persons to return to the United
States after international travel. Further, state and local governments
should provide stateless residents with identification cards so that they
can travel within the United States.
Conclusion
Statelessness is an intractable problem for the United States and
the international community. They have no country to call home and
no country wants to welcome them. Without the protection of a
country, they are essentially “ghosts” and their needs are invisible.
Their invisibility makes them vulnerable to exploitation, slavery, child
382. 8 U.S.C § 1231(a)(7)(A); 8 C.F.R. § 241.5(c)(2).
383. Citizens of Nowhere, supra note 3, at 28.
384. KERWIN ET AL., supra note 183, at 71.
385. Id.
386. Id. at 200.
399