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United Stateless Statement on USCIS Rescinding Statelessness Policy Guidance

  • Writer: United Stateless
    United Stateless
  • 5 days ago
  • 2 min read

On June 5, 2025, USCIS rescinded its 2023 policy guidance on statelessness. The guidance had established a process for individuals to provide information and evidence to USCIS to support a determination of statelessness.. Consistent with existing authority, the 2023 Policy Manual section outlined several forms of discretionary relief that USCIS officers could consider on a case-by-case basis.


It is estimated that over 200,000 people in the United States are stateless or at risk of statelessness. Stateless individuals—who are not recognized as nationals by any country—are vulnerable to indefinite detention, separation from family members, and, without a country required to accept them, they may be deported to countries where they have no connections. 


The 2023 guidance was the first attempt by USCIS to align with international standards and offer a process to consider statelessness claims. It offered a case-by-case method within existing legislative frameworks to obtain employment authorization and temporary relief from detention and deportation for certain eligible stateless individuals. With its removal of this policy, the U.S. government returns to a system with no statutory or regulatory definition of statelessness, no formal identification process, and no consistent way to protect stateless people. 


This change eliminates the only existing standardized framework within USCIS for recognizing statelessness. Stateless individuals are left in legal limbo without access to humanitarian protections, no assurance that they will not be deported to a country they do not know, and unable to work. This policy reversal will increase their vulnerability and make it harder for legal and service providers to support them.


United Stateless urges USCIS to reinstate the Section K of its Policy Manual and Congress to act by passing the Stateless Protection Act, which would establish a legal definition of statelessness, create a process for recognition, and provide a pathway to permanent residency for those affected. The loss of this important policy only highlights the need for permanent, commonsense solutions for stateless people living in this country.


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United Stateless 

 
 
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United Stateless is a national organization led by stateless people whose mission is to build and inspire community among those affected by statelessness, and to advocate for their human rights. United Stateless is sponsored by Social Good Fund.
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