The number of people from India reaching the US and the UK is increasing, with many applying for asylum immediately upon arrival without proper documentation. Both countries already have long waiting lists for asylum cases. While some do receive asylum, many remain in an indefinite state of legal limbo, allowing them to stay in these countries.
Mistrust and Fear Towards Foreigners
In recent years, granting asylum has been seen as a major issue across the West, including Europe. For example, Donald Trump, during his presidential campaigns, made it clear that he would tighten border controls as he believed immigrants disrupt the country's balance. Similarly, right-wing parties in the UK, Germany, and France have gained popularity by advocating for the removal or entry ban of immigrants. Nevertheless, Indians continue to migrate rapidly, and despite the limited capacity for granting asylum, countries struggle to expel them.
Many people apply for British citizenship, yet the UK government imposes strict country limits, approving a fixed percentage from each nation.
Source: aajtak
According to a report from the Indian Express, Indians rank 15th in terms of receiving asylum. Iran tops this list, with 77 to 86 percent of applicants being granted asylum. Afghanistan, Pakistan, and China also rank high. In contrast, only 6 to 9 percent of Indian applicants are approved annually. For instance, between 2019 and 2023, fewer than 300 Indians were granted asylum or refugee status each year.
Due to stricter enforcement, the backlog in the UK has been reduced, meaning older waiting lists have been cleared. However, around 100,000 people are still waiting for their asylum decision, a process that takes not just weeks but often months or years.
Why Are They Allowed to Stay Without Legal Status?
This is because of the robust legal system in those countries. If the UK Home Office hesitates to grant asylum, applicants can approach the Immigration and Asylum Chamber of the court. It takes about 11 months for an appeal to be heard, during which the applicant can stay in the UK. Even if this application is rejected, they can still appeal to the Upper Tribunal. If this fails, individuals can seek judicial review in court.
Source: aajtak
Who Seeks Refugee Status in the US?
In the US, most asylum seekers are fleeing some form of persecution, whether from war, internal conflict, or religious discrimination. Some seek asylum for political reasons. Both types of cases take considerable time to process. Since 2018, the number of Indian applicants claiming persecution has risen sharply, but clearing the backlog remains a challenge. In 2017, there were approximately 11,000 pending cases; by last year, this number had exceeded 53,000.
Crossing Through Third Countries
Legal asylum in the US is more challenging than in the UK. As a result, some people enter the US via Canada and apply for asylum upon arrival. This process is exceedingly lengthy, and since immediate deportation is not an option, they remain in the US and continue working. They often find support from the business lobby, which benefits from hiring workers without much paperwork.
Returning Asylum Seekers is a Challenge
There is always a faction that opposes sending asylum seekers back on humanitarian grounds. Take India, for instance, which is not part of the refugee agreement but still hosts millions of undocumented individuals from other countries who work there. When asylum seekers enter through a third country, returning them becomes even more complex. According to a 2021 report by the Pew Research Center, Indians became the third-largest group of illegal immigrants in the US, after Mexicans and Salvadorans.
Source: aajtak
Around Election Time, Big Changes in the US
Before the November elections, the US made a significant move to attract Indian and other immigrants by announcing that the Biden administration would soon allow undocumented residents to apply for settlement and citizenship. This program, called Parole-In-Place Green Card, is aimed at providing temporary legal status and work permits to eligible individuals.
Who Qualifies for This Program?
This program targets those who have lived in the US for at least 10 years after marrying an American citizen. It also covers children whose parent has married an American citizen. Essentially, this is a form of human rights parole, available to those already living in the US. It will allow over 550,000 people, including Indians, to gain temporary legal status and work permits during their green card approval process.
