The Silent Stateless and the Unhearing World: Can Equality Compel Us to Listen?

Perks, K. & de Chikera, A. (2009). The Silent Stateless and the Unhearing World: Can Equality Compel Us to Listen? Equal Rights Review. 3. 42-52.

Kestutis Zadvydas was born to Lithuanian parents in a displaced persons’ camp in Germany in 1948. When he was eight years old, he immigrated to the United States with his family, and acquired residency. When he grew up however, he became engaged in criminal activity, ranging from drug crimes to theft, for which he was imprisoned. When he was released from prison on parole, he was taken into Immigration and Naturalization Service (INS) custody and ordered to be deported to Germany in 1994. However, Germany refused to accept Zadvydas because he was not a German citizen. Shortly thereafter, Lithuania refused to accept him as he was neither a Lithuanian citizen nor a permanent resident. In 1996, the INS asked the Dominican Republic (his wife’s country) to accept him, but this effort too proved unsuccessful. In 1998, Lithuania rejected, as inadequately documented, Zadvydas’ effort to obtain Lithuanian citizenship based on his parents’ citizenship.2 With nowhere to remove him to, the INS kept Zadvydas in detention throughout this period, for over three years. In 2001, the US Supreme Court ruled that his indefinite detention “pending deportation” was unlawful.3

 


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