The U.S. Department of Homeland Security, specifically U.S. Citizenship and Immigration Services, issued new guidance to aid stateless noncitizens seeking immigration benefits or submitting requests to USCIS.
The guidance aims to clarify how USCIS can recognize statelessness and consider it in adjudicating immigration benefits or requests, and USCIS will introduce procedures to assist officers in evaluating statelessness, according to an Aug. 1 news release.
"All over the world, people who are stateless live with fear and uncertainty," Secretary of Homeland Security Alejandro N. Mayorkas said in the release. "DHS is fully committed to addressing the global issue of statelessness and to breaking down barriers that these individuals face in the United States. With this historic step, stateless individuals will be given the opportunity to apply for immigration protections and benefits for which they are eligible."
DHS released the new instructions to help stateless non-citizens who are already in the U.S. and want to apply for immigration benefits or have made other requests to USCIS, the release reported. Stateless people struggle to access opportunities for education, healthcare, marriage and employment since they are not regarded as citizens of any nation legally.
They may also be denied a legal identity. People may lose their nationality due to prejudice, war and other violent conflict, or a change in the country's borders or laws, the release said. The new guideline makes it clearer when and how USCIS may consider a noncitizen stateless when deciding whether to provide immigration benefits or to evaluate a request for additional services.
USCIS will develop and put into effect new processes to enable USCIS officers determine whether a person may be stateless in order to aid stateless people in taking advantage of the opportunity, according to the release. This entails revising already-existing statelessness training materials, creating more thorough training programs for officers and establishing standard operating procedures for officers to request an internal assessment of possible statelessness when it might be pertinent to a person's application or benefit request.
An advisory report explaining how the adjudicating officer might take into account a person's statelessness in making choices about their application or benefit request would be sent to them by specially trained USCIS workers, the release said. Additionally, this updated advice offers illustrations of supporting paperwork or evidence that may assist USCIS officers in determining whether non-citizens may qualify as stateless for USCIS purposes.
By implementing this upgrade, USCIS will also be able to compile more detailed and accurate information on this susceptible population. Approximately 218,000 Americans are thought to be at risk of becoming stateless, according to the United Nations High Commissioner for Refugees, the release reported.
