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
People like Tatianna are called “legal ghosts.” 15 These individuals,
who are sometimes also referred to as “nonindividuals” and “nowhere
individuals,” are stateless. 16 Today, an estimated 12 million individuals
around the world are stateless, which means that they are not
considered nationals by any State. 17 Although solid statistics are
unavailable, their numbers could range anywhere from several hundreds
to four million in the United States. 18 Stateless individuals present a
challenge to international and state law because countries that want to
deport them have no place to send them, and yet they are reluctant to
confer upon them a path to citizenship or permanent residence if they
are not eligible for such relief under their own country’s immigration
law. 19 Despite this tension, it is in the best interest of the United States
to establish a legal framework that protects stateless individuals. The
gap in humanitarian protections for stateless individuals unnecessarily
taxes the United States immigration system. 20 Removing a person who
has nowhere else to go is taxing on immigration resources, court
resources, and detention facilities. 21
Not only does this present a legal problem for both domestic and
international law, it also presents a human problem for the stateless
individual. 22 Because stateless individuals are not considered legal
residents of where they live, they have limited access to birth
registration, identity documentation, education, health care, legal
employment, property ownership, political participation, and freedom
15.
Helping the World’s Stateless People, supra note 1, at 2.
16.
Id.; see also TEDX TALKS, Nowhere People: Exposing a Portrait of the
World’s Stateless, YouTube (Feb. 24, 2016),
https://www.youtube.com/watch?v=u9DD6MZj5Z4&list=WL&index=3
&t=0s [https://perma.cc/RJ5L-XLXZ].
17.
U.N. High Comm’r for Refugees (UNHCR), UNHCR Action to Address
Statelessness: A Strategy Note, at 4 (Mar. 2010) [hereinafter UNHCR
Action to Address Statelessness].
18.
See John Corgan, The Stateless in the United States, CTR. FOR
MIGRATION STUD., https://cmsny.org/the-stateless-in-the-united-states/
[https://perma.cc/2J8Q-SJBM]; Nick Keppler, Trump’s Agents are
Trying to Deport a Stateless Man with Nowhere to Go, VICE (Aug. 28,
2017, 5:30 PM), https://www.vice.com/en_us/article/nee99z/trumpsagents-are-trying-to-deport-a-stateless-man-with-nowhere-to-go
[https://perma.cc/MR6V-K5FZ].
19.
See Keppler, supra note 18.
20.
David C. Baluarte, Life After Limbo: Stateless Persons in the United
States and the Role of International Protection in Achieving a Legal
Solution, 29 GEO. IMMIGR. L. J. 351, 359 (2015).
21.
Id.
22.
UNHCR Action to Address Statelessness, supra note 17, at 4.
360