Thomas Glenn Jolley: The Man Without a Country
The story of Thomas Glenn Jolley serves as a complex legal case study on citizenship, conscience, and the consequences of renouncing one's nationality. A Vietnam War-era protester, Jolley found himself in a unique legal limbo—declared deportable by the United States government but with no other country willing to accept him.
Key Facts
- Born: January 26, 1944, in Greensboro, North Carolina.
- Action: Renounced U.S. citizenship in Toronto, Canada, in May 1967.
- Legal Status: Declared a deportable alien by U.S. federal courts.
- The Dilemma: Canada refused to take him back after he lost his landed immigrant status.
- Outcome: Lived the remainder of his life in the U.S. as a stateless person.
- Death: March 20, 2014, in Asheville, North Carolina.
Early Life and the Path to Renunciation
Thomas Glenn Jolley grew up in Bremen, Georgia. His academic journey began at the University of Georgia before he transferred to the Georgia Institute of Technology. While he initially aspired to be an architect, he eventually shifted his focus to journalism.
During the height of the Vietnam War, Jolley registered for the Selective Service System (the agency responsible for managing the military draft) and was granted a II-S student deferment. However, after withdrawing from university in early 1967, his status changed. He applied for 1-O conscientious objector status—a classification for those who refuse military service based on moral or religious grounds—but was denied. He was instead classified as 1-A, meaning he was available for induction into the military.
After failing to report for induction twice, the Federal Bureau of Investigation (FBI) arrested Jolley in February 1967 for violating the Selective Service Act. Seeking a way out, Jolley and his wife, Margaret Elizabeth Thompson, fled to Canada. While he obtained landed immigrant status (a permanent resident status that does not grant full citizenship), he did not become a Canadian citizen. In May 1967, Jolley visited the U.S. Consulate in Toronto and formally renounced his U.S. citizenship before Consul Richard J. Dols.
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The Legal Battle Over Deportation
Jolley eventually returned to the United States, entering via Detroit. He settled in Florida, where he worked as a news reporter for the Tallahassee Democrat. His employment sparked local controversy; the paper's managing editor, William Phillips, noted that the decision to hire Jolley resulted in an equal split of support and hate mail.
The U.S. government viewed Jolley as a draft evader and ordered his deportation. On February 22, 1968, he was arrested by the FBI and later released on a $3,000 bond. Because of his stateless condition, the media began referring to him as a "modern-day Philip Nolan," a reference to the protagonist of the story The Man Without a Country.
Court Rulings and Appeals
Represented by attorney Peter Rindskopf, Jolley fought the deportation order through several legal channels:
- Board of Immigration Appeals (1970): Ruled against Jolley.
- Court of Appeals for the Fifth Circuit (1971): Ruled that his renunciation was a voluntary relinquishment of nationality under the precedent of Afroyim v. Rusk.
- Supreme Court: The Court declined to hear the case (denied certiorari), ending Jolley's legal challenges.
Interestingly, Judge Richard Rives issued a dissenting opinion, suggesting that the government should have allowed the appeal and instead prosecuted Jolley for draft evasion.
A Stateless Existence
Despite being declared deportable, the U.S. government faced a practical impossibility: there was no country to receive him. The Department of Citizenship and Immigration Canada stated that Jolley had likely lost his landed immigrant status due to his prolonged absence from the country.
In an attempt to resolve his status, Representatives Phillip Burton and Ron Dellums sponsored private bills in Congress to grant Jolley a green card. However, these legislative efforts did not result in a change of status.
By 1974, Jolley was living in Morgantown, West Virginia. The Immigration and Naturalization Service (INS) admitted they had "no choice but to let him live here," as Canada had no legal obligation to take him back. Jolley spent the rest of his life in the U.S. as a deportable alien until his death in 2014 at the age of 70.
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| Period/Event | Status/Classification | Outcome |
|---|---|---|
| University Years | II-S Student Deferment | Deferred military service |
| Post-University (1967) | 1-A (Available for Induction) | Arrested for Selective Service violation |
| Canada Residency | Landed Immigrant | Renounced U.S. Citizenship |
| Return to U.S. | Deportable Alien | Stateless; no country would accept him |
Frequently Asked Questions
Why was Thomas Glenn Jolley considered a "man without a country"?
He renounced his U.S. citizenship while in Canada, but he never obtained Canadian citizenship. When he returned to the U.S., he was declared deportable, but Canada refused to accept him because he had lost his landed immigrant status, leaving him stateless.
What was the legal basis for his deportation?
The U.S. government argued that by renouncing his citizenship, Jolley became an alien. Since he had entered the country without legal authorization as an alien, he was subject to deportation proceedings.
Did the courts consider his renunciation involuntary?
Jolley argued that his renunciation was involuntary because it was a response to being forced into military service. However, the Court of Appeals for the Fifth Circuit rejected this, ruling it was a voluntary relinquishment of nationality.
Did any politicians try to help him?
Yes, Representatives Phillip Burton and Ron Dellums sponsored private bills in the House of Representatives to grant Jolley a green card, though these bills did not ultimately change his legal status.
How did Jolley end up staying in the United States?
Because the U.S. government could not find any other country willing to accept him, the Immigration and Naturalization Service had no choice but to allow him to remain in the U.S. as a deportable alien.