Stateless Man With Kenya Roots Deported to Jamaica by Trump Administration

Jermaine Thomas, 39, finds himself in a legal and existential limbo in Jamaica, a nation he was deported to despite never having lived there. 

Residing in a Kingston homeless shelter, Thomas's situation highlights the complexities of statelessness, stemming from bureaucratic oversights and familial circumstances that have left him without recognised nationality. Born in 1986 at a US military hospital in Frankfurt, Germany, Thomas is the son of a naturalised American father and a Kenyan mother. This confluence of birth location and parental nationalities created a series of legal challenges, resulting in his stateless status.

Circumstances Leading to Statelessness

Despite being born on German soil, Thomas was never issued a German birth certificate, as his birth occurred on a US military installation. This prevented him from claiming German citizenship. At the time of Thomas's birth, his American father had not fulfilled the US residency requirements necessary to confer citizenship to a child born abroad. US law stipulated ten years of prior residency, but Thomas's father had only accumulated nine. 

His father's Jamaican nationality required a formal citizenship application process, which was never completed. Kenyan nationality laws, which stipulate that nationality can only be conferred through the father, became inaccessible following his father's death in 2010.

Thomas's early life was primarily spent in Florida and Virginia after moving to the US with his family in 1989 as a legal permanent resident. A close relative stated that his American status was never questioned within the family, indicating their belief in his legal standing.

A crucial error occurred when immigration records incorrectly listed his nationality as Jamaican during his visa processing. This designation ultimately led to his deportation.

Legal Battles and Deportation

In 2008, Thomas was arrested on drug possession charges, bringing him to the attention of immigration authorities. Although initially released, his legal status was reviewed again in 2013. The Department of Homeland Security designated him as a Jamaican citizen eligible for removal due to his criminal record. Thomas and his family contested his Jamaican nationality in a series of legal battles. 

In 2016, courts rejected his claim for US citizenship, citing his father's failure to meet the residency requirement at the time of his birth. Despite this ruling, Thomas remained in the US until February 2025. He was arrested for criminal trespass, served a brief sentence, and was subsequently detained by immigration officials and deported to Jamaica.

"I just think to myself, this can't really be happening," Thomas told CNN, expressing his disbelief. His arrival in Jamaica was marked by a profound disconnection from the country's culture, infrastructure, and community.

Life in Jamaica

Currently residing in temporary accommodation, Thomas describes a sense of displacement. "Jamaica is not a bad place. It's just not the place for me. I don't belong here," he said. Although he has considered applying for Jamaican citizenship through his late father, he views this step as forfeiting his identity and severing ties to the life he has always known.

Thomas's family in the US is deeply concerned but fearful of jeopardising their own immigration status should they visit him. This has strained familial bonds, leaving Thomas isolated and vulnerable.

Criminal Record and Immigration Enforcement

Thomas's legal entanglements and criminal record further complicate his situation. Over the years, he has faced charges ranging from robbery to drug possession and domestic violence. His most recent incarceration, from 2020 to 2023, stemmed from charges including driving while intoxicated and harassment of a public servant. These offences increased his risk of deportation under US immigration law.

Statelessness and International Law

Statelessness is a recognised condition under international law. The 1954 Convention Relating to the Status of Stateless Persons outlines the rights and protections for individuals lacking nationality. However, without political will and legal clarity, stateless persons often fall into legal grey areas, denied access to essential services such as healthcare, employment, and civil rights.

Increased Immigration Enforcement

In recent years, the US has intensified immigration enforcement efforts, particularly under the policies implemented during Donald Trump's presidency. Advocates warn that this trend risks pushing more individuals into legal grey zones, especially those with unconventional birth circumstances or incomplete documentation.