What is statelessness?
The 1954 Convention relating to the Status of Stateless Persons establishes the legal definition for stateless persons as individuals who are not considered citizens or nationals under the operation of the laws of any country. A person’s citizenship and nationality may be determined based on the laws of a country where an individual is born or where her or his parents were born. A person can lose citizenship and nationality in a number of ways, including when a country ceases to exist or adopts nationality laws that discriminate against certain groups. The 1954 Convention was followed by the 1961 Convention on the Reduction of Statelessness, which establishes safeguards around conferring and withdrawing citizenship to prevent statelessness.
The United States does not currently make determinations about whether someone is stateless. In addition, the fact that a person is stateless does not provide her or him with any benefit or status under U.S. law. If a stateless person in the United States is ordered removed, some of the hardships that she or he might face include:
- Inability to obtain travel documents;
- Long-term family separation due to that lack of travel documents;
- Possibility of being held in immigration detention for months or longer;
- Periodic reporting to immigration authorities on orders of supervision;
- Requirements to request travel documents from all countries to which s/he may have a claim to citizenship, either based on her/his parentage or place of birth;
- Requirements to contact third countries to ask their permission to be removed there, regardless of whether that individual has ties to that country; and
- Requirement to apply annually for work authorization.
United Stateless is a national organization led by stateless people whose mission is to build and inspire community among those affected by statelessness and to advocate for their human rights. United Stateless can be contacted at [email protected] or by filling out the contact form on their website.
Key UNHCR Resources
- Representing Stateless Persons Before U.S. Immigration Authorities: A Legal Practice Resource from the United Nations High Commissioner for Refugees (2017)
- Handbook on the Protection of Stateless Persons (2014)
- Citizens of Nowhere: Solutions for the Stateless in the U.S. (2012)
- Webinar by UNHCR & Benach Collopy LLP: Representing stateless persons before U.S. Immigration Authorities (2017) (recording and slides)