Immigration Article of the Day: Birthright Citizenship, Denaturalization, and the Specter of Statelessness by Melissa Stewart

Abstract

Birthright citizenship is a right that has been enjoyed by nearly every person born on American soil for over 150 years. For those that dream and hope for American citizenship and finally achieve it through naturalization, the relative permanence of their status had been secure for decades. The availability of birthright citizenship and the security of naturalized citizens now hangs in the balance as the Trump Administration attempts to redefine who counts as Americans. 

This article outlines an underexamined ramification of Trump Administration executive orders that seek to redefine birthright citizenship and target the permanence of citizenship for naturalized citizens : the specter of statelessness. Should the birthright citizenship executive order go into effect, some children born within the United States will be rendered stateless if they no longer are deemed to qualify for United States citizenship and cannot acquire another nationality. Similarly, some individuals are at risk of statelessness if the Trump Administration fulfills its promise to “turbocharge” its effort to denaturalize citizens. This article goes on to explore the international legal framework applicable to statelessness that emerged as a response to some of the gravest human rights violations of the Twentieth Century. It then examines the history and current legal status of stateless persons in the United States and the consequences should these changes in law and policy be implemented.

Stateless persons, those that lack a legal connection to any nation, are among the most vulnerable people in the world. While stateless persons have always lived among us, the United States has not generally contributed to a significant expansion of the stateless population. However, this period of history is rapidly unraveling our notions of the relative stability of the law and the expansiveness with which we have previously welcomed those who wish to join our political community.  Ultimately, what is at stake is not just the legal status of certain individuals, but who we are as Americans and how we determine who we deem worthy of the title.

KJ