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I was wondering for a long time if a stateless person is found in the EU under 18 with no documents at all, claim to be born in the US can be deported to the US ? I searched in US laws and conventions but I can't find anything on this particular position ! If this stateless person (under 18) is born and lived in the US for is entire life is found by the EU (local police of the country like France, Germany...) authorities can be automatically or ask to be deported to the US with no documents/proof that this person is born (and normaly a US citizen), will be deported to US soil or US ambassy/consulate ? Can the US denied acces to the child to go "home" or he has to stay in the EU country (even if he don't want to stay in the EU) ? I'm at my first year in foreign laws college in France and that would really help me if someone can respond to this particular case.

  • I read of an American teenager in Texas who spoke no Spanish and had never been outside the United States getting deported to Colombia only because she said that's where she was from. Was that illegal? I don't know, but they did it. – Michael Hardy Aug 11 '16 at 21:51
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Your scenario as written is impossible. If one is born in the US, then they cannot lose their citizenship before they turn 18 (and it is rather difficult to lose it accidentally; in order to lose de solis citizenship in the US, one must "intentionally revoke it"; generally speaking, you have to go to a US consulate (in another country) and formally renounce your citizenship. Additionally, the US will not accept the resignation your citizenship if you do not have a different one (i.e. if accepting the resignation will render you stateless).

  • Except for the "under 18" part, one could imagine that the person was formerly a citizen of both the US and Country X; then renounced their US citizenship (allowed because they still had X citizenship); then later on Country X revoked their X citizenship. – Nate Eldredge Apr 27 '16 at 2:02
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    "Additionally, the US will not accept the resignation your citizenship if you do not have a different one" -- Source? I don't think this is right. – cpast Apr 27 '16 at 2:20
  • This case is "almost" impossible, but it happened in others country. I'm not asking how can he lose his citizenship (birth never registered, kidnapping when he was a baby...) but how in this particular position can he be deported to the US. I already know what you said in your previous answer, I really need to resolve this question (I think, if someone can answer, that this "case" will be my final project for my next year). – Thepointlesshappy Apr 27 '16 at 8:44
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    The person could have been born in the US of parents with diplomatic immunity. In that case, the person is not a US citizen. The diplomat's home state then might deprive the child of his or her citizenship, for example if there is a coup or the diplomat falls out of favor with the government. If that were to happen while the diplomat were serving in the EU, you would have the situation posited in the question. – phoog Jul 12 '16 at 15:07
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    @Thepointlesshappy "claim to be born in the US" unless the child was born of a diplomat, any evidence of birth on US soil is evidence of US citizenship. If the child has no evidence of this because the birth wasn't registered, etc., then the claim of birth on US soil would be rejected. – phoog Jul 12 '16 at 15:13

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