In a move that could significantly impact individuals with no nationality, U.S. Citizenship and Immigration Services (USCIS) has officially rescinded its 2023 policy guidance on statelessness. This change may complicate how stateless individuals are recognized and supported under U.S. immigration law.
What Was the 2023 Statelessness Policy?
The 2023 guidance provided USCIS officers with a framework for determining if someone in the United States was “stateless”—meaning they are not considered a citizen by any country. Under this policy, officers could request official reports to assess a person’s stateless status. It was part of a broader Department of Homeland Security (DHS) effort to reduce barriers and create more opportunities for work, travel, and legal recognition for stateless people living in the U.S.
What’s Changing Now?
USCIS has decided to cancel that 2023 guidance, effectively removing the process that supported stateless individuals in proving their situation to immigration authorities.
Why? USCIS says the guidance conflicts with Executive Order 14161, issued more recently. That order requires stricter identity verification for stateless people than for other noncitizens. In other words, while the 2023 policy made it easier for stateless individuals to be recognized and supported, the new executive order pushes in the opposite direction—focusing on enhanced screening and vetting.
Why This Matters
This policy reversal matters because stateless individuals already face unique hardships:
-
They often cannot get passports, driver’s licenses, or national ID cards.
-
They may be denied employment, housing, or the ability to travel.
-
They live in legal limbo, with no recognized country of citizenship and limited protection under the law.
Without the 2023 policy, there is now no official process for USCIS officers to determine statelessness—making it much harder for affected individuals to access immigration relief or benefits.
What Happens Next?
The future for stateless individuals in the U.S. is unclear. While the 2023 guidance aimed to support and include them, the rescission may result in more uncertainty and obstacles.
If you or someone you know is stateless or may be affected by this policy change, we strongly recommend speaking with an experienced immigration attorney. Our office is here to help you navigate these complex updates and explore your options.
Source: AILA USCIS Policy Alert on Rescission of Statelessness Policy, 2025