Birthright Citizenship, Denaturalization, and the Specter of Statelessness

Abstract

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. This Essay explores an underexamined ramification of Trump administration policies that seek to redefine birthright citizenship and target the permanence of citizenship for naturalized citizens: the specter of statelessness. It examines the history and current legal status of stateless persons in the United States and the consequences should the Trump administration succeed in its attempts to redefine who counts as Americans and implement its proposed changes in law and policy.

About the Author

Assistant Professor of Law, University of Hawai‘i at Mānoa, William S. Richardson School of Law. I am grateful to Richard Chen, Alice Farmer, Amanda Frost, Radha Govil, Ian Kysel, Nicholas McLean, Andrew Schoenholtz, and Kamaile Turčan for their helpful conversations and insightful feedback on this piece and to Zachary Lockwood for his exceptional research assistance. I would also like to thank the editorial staff of the UCLA Law Review Discourse, in particular Dylan Kuennemann, Sorcha Whitley, and Mitchell Golden, for their thoughtful feedback and invaluable edits on this piece.

By LRIRE