Protecting Stateless Refugees in the United States

Authors

David Baluarte, Washington and Lee University School of LawFollow

Document Type

Article

Publication Title

Brown Journal of World Affairs

Publication Date

2020

Abstract

This article proposes a more complete and nuanced consideration of statelessness in asylum adjudication procedures in the United States and the possibility of reopening previously denied asylum claims for this purpose. The article proceeds in four parts, beginning with a discussion of statelessness in the United States. Next, the article describes the international protection frameworks for both refugees and stateless persons and identifies important points of intersection between these frameworks. Then the article argues that discriminatory denationalization that renders a person stateless triggers refugee protection, thereby making victims of such deprivation eligible for asylum in the United States. The article concludes that stateless refugees should be able to reopen their previously denied asylum claims to make these arguments and pursue protection.

Recommended Citation

David Baluarte, Protecting Stateless Refugees in the United States, Brown J. World Affs., Spring/Summer 2020, at 1.