Chapter 1 - Purpose and Background

A. Purpose

Under recognized principles of international law, countries have jurisdiction to determine which persons are considered to hold nationality or citizenship of that particular country. Nationality, or the lack of an officially recognized nationality, is a relevant factor in many USCIS adjudications. Stateless persons, like any other noncitizens, may pursue a variety of immigration benefits or actions with USCIS. During the course of adjudicating an immigration benefit or reviewing an immigration request, USCIS may determine that a noncitizen is stateless, and may consider statelessness as a factor in determining whether a noncitizen has met eligibility requirements,^[1] or merits a favorable exercise of discretion for an immigration benefit or other action.

A USCIS officer may request an internal report to analyze whether the evidence provided by the noncitizen and available information about country conditions or foreign law suggests that the noncitizen is stateless for immigration purposes. The report does not constitute a determination of eligibility for any immigration benefit or request. Rather, the report is intended to assist the officer to understand the circumstances surrounding the noncitizen’s nationality (or lack of nationality), which may be a relevant factor in the underlying adjudication.

B. Background

DHS Commitment on Statelessness

On December 15, 2021, DHS announced its commitment to adopt a definition of statelessness for immigration purposes and enhance protections for stateless noncitizens living in the United States.^[2] DHS recognizes that a significant number of stateless noncitizens reside in the United States and may face serious challenges and obstacles because they have no officially recognized nationality.^[3] They often lack access to basic documentation, such as birth certificates, as well as documentation or evidence of their statelessness. A noncitizen who does not possess a birth certificate for themselves or for their children may not be able to: obtain legal identity documents; secure an immigration status to apply for U.S. permanent residence or naturalization; or access employment, travel, or government services.^[4]

Background Information on Causes of Statelessness and Resulting Vulnerabilities

While there is no form of immigration benefit or relief where eligibility is based solely on a requestor’s statelessness, USCIS may consider this particular circumstance as a relevant factor in the adjudication of certain immigration benefits or other requests.

The determination of whether a person is a citizen or national of a particular country sometimes involves interpreting complex issues in foreign law. However, USCIS recognizes that stateless persons—those who lack a nationality by virtue of the laws or policies of a country—may face obstacles in applying for and obtaining immigration benefits or other relief or actions.

There are a number of common causes of statelessness, including but not limited to:

• Lack of birth registration and birth certificates;
• Birth to stateless parents;
• Political change and transfer of territory, which may alter the nationality status of citizens of the former state or states;
• Administrative oversights, procedural problems, conflicts of law between two countries, or destruction of official records;
• Alteration of nationality during marriage or the dissolution of marriage between couples from different countries;
• Targeted discrimination against minorities;
• Laws restricting acquisition of citizenship;
• Laws restricting the rights of women to pass on their nationality to their children;
• Laws relating to children born out of wedlock or during transit; and
• Loss, revocation, or relinquishment of nationality without first acquiring another.^[5]

Without an officially recognized nationality, stateless individuals often have no right to vote, and they often lack a variety of legal protections; lack access to education, employment, health care; lack the ability to register birth, marriage, or death; and lack property rights. Stateless individuals may also encounter travel restrictions, social exclusion, and heightened vulnerability to sexual and physical violence, exploitation, trafficking in persons, forcible displacement, and other abuses.^[6]

C. International Recognition of Statelessness as a Serious Problem

Numerous international instruments reflect the concern of the international community about the problem of statelessness:

• Article 15 of the 1948 Universal Declaration of Human Rights (PDF)^[7]
• Article 24 of the 1966 International Covenant on Civil and Political Rights^[8]
• 1967 Protocol relating to the Status of Refugees^[9]

In addition, the 1954 Convention Relating to the Status of Stateless Persons (PDF) and 1961 Convention on the Reduction of Statelessness (PDF) are dedicated to this issue.^[10] Although the United States is not a state party to either of these conventions, the U.S. government has recognized the importance of the principles enshrined in them.^[11]

Footnotes

[^ 1] USCIS has the general authority to administer the Immigration and Nationality Act (INA), including the authority to take and consider evidence on any matter material and relevant to administration of the INA. See INA 103(a).

[^ 2] See DHS News Release, DHS Announces Commitment to Enhance Protections for Stateless Individuals in the United States, issued December 15, 2021.

[^ 3] See DHS News Release, DHS Announces Commitment to Enhance Protections for Stateless Individuals in the United States, issued December 15, 2021.

[^ 4] See the United Nations High Commissioner for Refugees and Open Society Justice Initiative’s report, Citizens of Nowhere: Solutions for the Stateless in the U.S. (PDF) (2012).

[^ 5] See INA 349. Officers should contact the Office of the Chief Counsel in the event of potential loss of U.S. nationality through domestic renunciation or other loss of citizenship.

[^ 6] See the U.S. Department of State’s Statelessness webpage.

[^ 7] The Universal Declaration is an aspirational U.N. General Assembly document.

[^ 8] The United States is a party to the Covenant, with reservations, but the Covenant is not self-executing.

[^ 9] See 1967 Protocol, Art. 1. The United States is a party to the 1967 Protocol, which incorporates Articles 2 through 34 of the 1951 Convention Relating to the Status of Refugees, but the Protocol is not self-executing.

[^ 10] See 1954 Convention Relating to the Status of Stateless Persons. See 1961 Convention on the Reduction of Statelessness (PDF).

[^ 11] See U.S. Department of State’s Statelessness webpage. See DHS News Release, DHS Announces Commitment to Enhance Protections for Stateless Individuals in the United States, issued December 15, 2021.