The Department of Homeland Security (DHS) has issued new guidance on how to determine whether someone is stateless in the United States. The guidance clarifies that individuals who are not considered citizens of any country, and therefore may be denied legal identity, and struggle to access education, healthcare, marriage, and job opportunities, may be considered stateless.
What is Statelessness?
Statelessness is the condition of not having a nationality. This means that a stateless person does not have a country to which they belong, and they may not have access to basic rights and services, such as citizenship, a passport, or a driver’s license.
Who is Considered Stateless?
Individuals can be born stateless or become stateless because of discrimination, war and conflict, or changing borders and laws. Some of the reasons why someone might become stateless include:
- Being born to parents who are stateless
- Being born in a country that does not recognize children born to stateless parents as citizens
- Losing their citizenship due to naturalization in another country, marriage, or other reasons
How Does DHS Determine Statelessness?
The new guidance from DHS provides a number of factors that will be considered when determining whether someone is stateless. These factors include:
- The individual’s country of birth
- The individual’s parents’ nationality
- The individual’s current nationality
- The individual’s ability to obtain a passport or other travel document
- The individual’s access to basic rights and services
What Are the Implications of Being Stateless in the United States?
Stateless individuals in the United States may face a number of challenges, including:
- Difficulty obtaining a visa or green card
- Difficulty accessing education, healthcare, and employment
- Difficulty traveling internationally
- Lack of legal protection from deportation
What Can Be Done to Help Stateless Individuals?
The new guidance from DHS is a step in the right direction to help stateless individuals in the United States. However, more needs to be done to ensure that these individuals have access to the rights and services they need. Some of the things that can be done to help stateless individuals include:
- Passing legislation that provides a path to citizenship for stateless individuals
- Providing financial assistance to stateless individuals
- Working with other countries to address the root causes of statelessness
Conclusion:
The new guidance from DHS is a welcome development that will help to ensure that stateless individuals in the United States are not denied their basic rights and services. However, more needs to be done to address the root causes of statelessness and to ensure that all individuals have a nationality.