An Analogy between US and UK with respect to refugee status settlement law and policies

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Refugee Status Determination of UK and US
Background information
I chose this discussion to compare UK and US as these countries receive the highest number of immigrants in Europe and America. Both of their legal systems depend heavily on the British Common Law. Although this is similar, they end up with different outcomes in their Refugee Status Determination (RSD) Process. This essay will try to explain the factors of different results even in similar cases. I will argue that while commenting on how the RSD process operates in the US and the UK, they produce different outcomes in most cases, although they have a similar legal infrastructure.
International law
Before acquiring a “refugee” status, a person must first seek asylum. An asylum seeker does not have the protection rights of a refugee; rather, they must undergo the Refugee Status Determination (RSD) process. A person declares themselves an asylum seeker while the United States and the United Kingdom governments declare them a refugee after a successful RSD process. Refugees flee their home from the fear of persecution due to many factors. Some of these factors are religion, their political opinions, and their involvement in a particular social group, their nationality and their race (Press 174). The 1951 Refugee Convention protects these refugees. However, other than the reasons as mentioned above for seeking asylum, armed violence, and natural disasters are major contributors to the high number of refugees worldwide.

According to estimations, the number of refugees in the world range between ten to twelve million. Refugees who flee their homes due to armed to natural disasters or armed violence are “humanitarian” asylum seekers, and surprisingly, the 1951 Refugee Convention does not protect them. In the recent past, massive numbers of people have fled their homes due to military occupation, natural disasters, civil war, adverse economic conditions and violations of human rights. Therefore, there is urgency for a law that accounts for the humanitarian asylum seekers. The international law has a significant objective of defining an asylum seeker, and how they should be treated (Press 176). A refugee identification protocol dubbed as Refugee Status Determination (RSD) must is worth following to the letter. This contract acts as a common ground for identification of asylum seekers across the globe. However, cultural, institutional, geographical and political factors influence it. These aspects differ from one jurisdiction to the other (Hamlin 933).
The 1951 Refugee convention
The primary international law that oversees the asylum-seeking process and the refugee status issuance is the 1951 Refugee Convention. 145 state parties ratified the legal document at a United Nations special conference in 1951, 28th of July. Among the participating states, Denmark was the first to endorse the law and was active as of April 22nd, 1954 (Press 174). The treaty was only practical to European victims after the Second World War. However, later in 1967, a Protocol eliminated the time limit and widened its scope of the treaty by not doing away with geographical limitations. By 2013, the Convention had 145 constituent parties while the Protocol had 146. Among other objectives, the most significant principle of both the Convention and the Protocol is non- refoulement. This law states that a refugee from a country where their life is under threat or their freedom compromised should not return to that state. UNHCR is the guardian of the Convention and the Protocol and requires that the States work hand in hand with the legislation in the conservation and protection of the rights of the refugees.
Factors leading to fleeing of refugees from their motherland
A person may escape their country or state for various reasons. These factors can either be domestic factors or international factors. Protracted warfare and global wars are some of the external (international) factors leading to movement of refugees. Ethnic tensions, elite rivalry, coups, and government suppression are some of the domestic factors that influence people seeking asylum in new countries. Other internal aspects include natural disasters and weak economic conditions. An example of an inner element that led to the fleeing of refugees is the Rwandan genocide of 1994. Asylum seekers fled to neighboring Tanzania, where the host conducted RSD procedures by the 1951 Convention as well the 1969 OAU Convention. Tanzania sought from both conventions since it’s a signatory to both of them. In a nutshell, the Rwandan genocide is an excellent example of internal factor led to refugee movement (Press 183).
Current trends in the world on migration
Currently, 18th of December is the International Migrants Day. Approximately three million asylum seekers had left Syria as of 2015. Most of these people are probably not returning home even after the situation settles. The current number of asylum seekers entering Europe will increase in the coming years. This case will worsen the already existing asylum crisis in Europe. Besides, the worldwide number of refugees is expected to rise. Also, by 2020, it is projected that climate change will be one factor leading to migration. As international movement is on the rise, reliance on migrants labor workforce will increase, which will eventually fuel the global economy. As a result, migrant remittances are extrapolated to hit a minimum of five hundred billion dollars. Other than the challenges brought about by migration, shortly, immigration will rise solely for development purposes. The 2030 Sustainable Development Goals (SDGs) has acknowledged that movement will help in the global poverty reduction.
Another current trend on migration is the increased number of women migrants as compared to men. As women are the most significant victims of human trafficking and case of human right abuse, the number of women immigrants will increase gradually over the coming years. Other trends on migration include; increased intensity on the global war for talent, drastic change in the United States presidential elections, floundering of migration policies in Europe, increased migrant perpetration of terrorist attacks, and integration is projected to fail in Europe.
Reasons for world-wide migration
The global jobs crisis is an incentive for immigration. In the developed countries and states like the United States and the United Kingdom cases of unemployment has dropped drastically. On the contrary, unemployment has been on the rise over the recent years, in the developing countries. Unemployment in the Middle East is over twelve percent as compared to six percent among the highly industrialized and developed nations (Koser 15). Similarly, North African countries have a high percentage of unemployment. In most developing countries, people are underemployed and work in the unpredictable informal sectors. In the developing world, agriculture is the backbone of the company. Most of the people in the third world countries rely on small-scale farming. Environmental degradation and commercial expansion affect these farms. The taxation rates in these countries are high, due to their weak political positions. Rural to urban migration is rampant in the developing nations. This type of movement is the first step leading to international migration. Therefore, the global job crisis majorly in the developing countries is a significant contributor to the worldwide migration (Koser 31).
Segmentation of labor markets is another primary cause of migration. This situation occurs when native workers eschew low –paying labor. The natives consider these labor markets of low status and little security. As a result, migrants flood these kinds of job markets, dubbed as 3D jobs. Agricultural sectors, plantations, heavy industry, domestic service, construction, and timber are some of the job markets considered dirty, difficult or dangerous and avoided by native residents of the developed countries. Therefore, there emerges urgency need to seek laborers from other countries. Irrespective of the economic trends native workers avoid working in these jobs. In the developed countries, for instance, the United States, irregular immigrants from Mexico work in the farms, whereas in Russia, they work in the heavy industry. Also, undocumented and poorly- paid immigrants work in the European countries and the UK in construction sites and the food industry.
The existence of migration networks is a causative factor of migration, where the migrants move to countries where they friends, family or close associates have already established. These are called transitional migration networks. As migration cases increase, people from developing countries continue to have possible destinations in the developed countries. The three major channels through which migration networks encourage the movement of people are; provision of information through the recent technological advancements (Koser 34). Also, these systems they lend money to the migrants to be to cater for their trips. Lastly, they help the migrants settle in their destination countries by giving them a primary place to stay as well as assisting them in acquiring jobs. In a nutshell, the migration networks continue to function in various economic levels of the destination countries thus playing a prominent role in the worldwide migration.
New rights and entitlement is yet another factor leading to the increased number of immigrants. These new benefits allow the free movement of specific people across the borders resulting in prolonged stays at their destinations. The European Union dismantled its internal outposts that allowed free movement of EU citizens in the region. Also, the proposed dismantling of East Africa may facilitate migration of the people within the area. Lastly, the North American Free Trade Agreement (NAFTA) allows free movement of workers in the region. Business people, academics and students, sports and entertainment performers sometimes do not require a visa to move from one country to the other, or they can apply for the visa through fast yielding procedures. These people may prolong their stay and settle down in their destination countries. Also, members migrating from one country to another are allowed to tag along with members of their immediate family in most states.
Lastly, expansion of the migration industry has facilitated movement of people from one country to another. According to Koser in “Migration and Globalisation,” individuals and institutions such as labor recruiters, travel agents, immigration lawyers, remittances agencies, housing providers, immigration and customs officials, and the International Organization for Migration (IOM) have led to increased number of immigrants into the developed countries. IOM organization is an NGO that facilitates the movement of refugees and immigrants for official resettlement. The agency also provides shelter to the refugees. Although most businesses in the migration industry are legal and legitimate, there exist some human trafficking and smuggling businesses that are illegal. Factors contributing to the worldwide migration of people are; global job crisis, revolutionized communications and transport networks, the existence of migration networks, the emergence of new rights and entitlements, and the expansion of the migration industry that affects the world economy positively (Koser 36).
Political influence of Trump administration on immigration and resettlement of refugees
The United States of America has been a significant destination for refugee resettlement. In the recent past, the US is a renowned world leader in welcoming refugees and helping them establish new homes. However, this reputation has ended after Donald Trump’s first of office. Barely two years in power, Trump, has shut down the era of global refugee leadership. Besides, under the governance of Trump, the United States of America has withdrawn from the worldwide refugee protection community. Trump’s administration has declared that it will not allow more than forty-five thousand refugees into the US, in the fiscal year ending September 2018. During Obama’s administration, the US welcomed at least one hundred thousand refugees (Lind 1). Research shows that Trump’s 45,000 limit is the least over the last seventy years the US has participated in the resettlement of refugees and immigrants.
Recently, the US withdrew from the United Nation’s Global Compact on Migration, thus compromising the global approach to the refugee and immigration crisis. Trump’s government has slashed the number of refugees it takes in by half, since the acquisition of office. According to Nikki Haley, the US is not ready to prioritize international humanitarian undertakings or commitments at the expense of its sovereignty. In a nutshell, the political influence of Donald Trump has negatively impacted the immigration and refugee resettlement practices in America. For instance, the maximum number of acceptable refugees into America had reduced by half to around 55,000 as compared to the last two years under the administration of Barrack Obama, when the ceiling was at 110,000 (Lind 1).
Political influence of Theresa May on immigration and resettlement of refugees
In an infamous speech to Tory conference in 2015, Theresa May depicted her stand on the issue of migration and refugee resettlement. In her controversial remarks, May associated public services problems with immigrants. According to the prime minister, Britain should opt to aid people who remain in the hostile regions, rather than bringing small numbers to the country. From that comment, May indirectly discouraged immigration to the UK (Stone 1). Other claims that May made in her speech were that immigrants would compromise building of a cohesive society, pushing down of wages, unemployment, and immense pressure on public services. May argued that immigrants should seek refuge in the first country they enter. The number of refugees reaching Britain would reduce significantly since nations like Italy and France would absorb most of them (Stone 1).
Another incidence where the Prime Minister showed her opinion on the issue of immigration is when she failed to react or comment on Donald Trump’s travel ban. The travel ban suspended the US system of refugee admissions. In a nutshell, May’s claims against immigration and settlement of refugees and the reluctant reaction to Trump’s travel ban have affected the movement of people negatively. It is evident that the administration of the Prime minister does not advocate migration of people into the UK either as refugees or for economic purposes (Stone 1). Besides, Trump’s and May’s management have put in place harsh RSD policies for the immigration and refugee settlement. It is evident that the political influence of Donald Trump and Theresa May have negatively impacted migration and refugee resettlement into the US and the UK respectively.
Comparison of the RSD systems of US and the UK
The Refugee Status Determination (RSD) is a universal protocol associated with the international law governing resettlement of refugees. However, the RSD protocol varies from one country to the other. A comparison between the RSD regimes of the United States and the UK depicts the cross-national differences of the RSD results (Hamlin 937). One of the significant differences between the RSD protocols in these two countries is the rates of acceptance of the asylum seekers. Although these two countries use a similar legal system that based on the British Common Law, the RSD process yield different results due to the varying of insulation as well as the administrative authorities conducting the procedure.
RSD process in the US
In the United States, an asylum seeker places an affirmative application that is reviewed by the Department of Homeland Security. The person must apply within one since entry to the country, either legally or illegally. The Executive Office of Immigration Review goes through the application before forwarding it to the Board of Migration Review (Hamlin 941). Besides, the Executive Office of Immigration Review receives defensive claims of asylum seekers. Lastly, the Judicial Review or the Federal Court receives the application and decides on the fate of the asylum seekers. Once an application is accepted, the applicant becomes a refugee. Otherwise, the applicants may file a defensive claim. People found by the Immigration and Customs Enforcement at the port of entry without necessary documentation are channeled directly to defensive asylum hearings, where they defend themselves from deportation. In these trials, the Department of Homeland Security is represented by a lawyer who argues that the defendant should be deported (Hamlin 942). The court hearings take place in an administrative immigration court system called the Executive Office of Immigration Review (EOIR). In case a defendant fails to defend their case at EOIR, they are subjected to deportation unless they file an appeal at the Board of Immigration Appeals (BIA).
RSD process in the UK
The UK is the most sought place for refugees in Europe, due to its impeccable economic standards as well as suitable living conditions of the citizens. In the United Kingdom, the process of seeking asylum is long and complicated as compared to the United States. Asylum seekers are expected to report to the authorities once they set foot in the UK. Once caught in the UK without the necessary documentation, the police arrest you on offenses of immigration. Unlike in the US where the asylum seekers submit an affirmative or defensive application to the Department of Homeland Security, in the UK the immigration officers submit applications to the necessary authorities on behalf of the asylum seekers. Asylum seekers with legitimate reasons are accommodated by the Home Office while processing of their requests is underway. In the United Kingdom, asylum seekers get financial assistance from the government while their applications are processed, however, they are not allowed to work. In case the asylum seekers request more than a year to process, they can apply for the right to employment or work. The government may decline some applications of the asylum seekers. In such a scenario the UK government sets off with the removal process of the asylum seekers from the country. In some cases, the government offers money to the asylum seekers whose applications were declined to leave the country voluntarily. Therefore the difference between the Refugee Status Determination processes in the two countries is outlined above.
Problems of the RSD systems of US and UK
In the US the RDS regime puts in place strict immigration control and enforcement that exerts immense pressure on the immigrants. The RDS affects the employment and the living conditions of the asylum seekers negatively. The personal lives of the people seeking sanctuary in the US face deportation as a significant threat. According to Jacqueline Stevens, a Law Professor in the US discovered that around 20,000 citizens underwent expulsion as aliens between 2003 and 2010. Most of the illegally deported comprised of poorly educated blacks and others with mental- health complications. Besides, separation from family members is another problem with the RSD systems of UK and US (Hamlin 941). The immigration authorities separate parents from their children through detention and deportation. Rise in anxiety resulting from immigration result to compromised security measures in the UK and US. Lastly, the RSD results in contradictions between deaths at the borders and the human rights arising from strict document checks at entry points.
Statistics
The UNHCR Statistical Yearbook of 2015 provides a comprehensive compilation of the figures and carefully evaluated data on the population falling under UNHCR’s regional and national levels. The statistics of refugees, asylum-seekers, the internally displaced persons, stateless persons, the returnees (refugees and IDPs) and others who are a concern to the UNHCR as of the end of 2015 were as follows; the number of refugees in Europe was 1,803,702 while Northern America had 409,090. The asylum seekers whose cases were pending in Europe were 1,083,506 while in Northern America were 305,810. In Europe, the number of returned refugees as of 2015 was 468 while Northern America had no returned refugees. In a nutshell, as of the end of 2015, the number of refugees and people in refugee-like situations in Europe were 1,815,837 while in Northern America, they were 409,090. Specifically, the number of refugees in the UK by the end of 2015 was 123,067 while the US had 273,202. Also, the figure of asylum seekers with pending cases in the UK was 45,870 while the United States had 286,168 (Refugees 1).
In conclusion, this paper analyses an analogy between the United States and the United Kingdom concerning the RSD process, law and policies. As much as the two countries use a similar legal infrastructure, the RSD process in these countries yields different results. This paper outlines the factors (domestic and international) that contribute to the establishment of the RSD process. Also, the document states the 1951 Refugee Convention. The paper gives a comparison between the RSD systems of the two countries. Also, the article outlines the setbacks facing these systems. Besides, the document analyzes the administration of the two countries, which is Donald Trump’s, and Theresa May’s governance. Lastly, the paper states the statistics on the number of refugees and asylum seekers as of the end of 2015. From my point of view, these countries should adopt more favorable policies governing the asylum seekers and resettlement of refugees to cater for the “world’s most vulnerable.”

Works Cited
Hamlin, Rebecca. International Law And Administrative Insulation: A Comparison Of Refugee Status Determination Regimes In The United States, Canada, And Australia. New Jersey, Wiley On Behalf Of The American Bar Foundation, 2012, http://www.jstor.org/stable/23357596.
Koser, K., 2007, ‘Migration and Globalisation’ in International Migration A Very Short Introduction, Oxford and New York: Oxford University Press, pp28-40
Koser, K., 2007, ‘Why Migration Matters’ in International Migration A Very Short Introduction, Oxford and New York: Oxford University Press, pp1-15
Lind, Dara. “The Trump Administration Doesn’T Believe In The Global Refugee Crisis.” Vox, 2017, https://www.vox.com/policy-and-politics/2017/10/3/16379016/trump-refugees.Press. “States Parties To The 1951 Convention Relating To The Status Of Refugees And The 1967 Protocol; States Parties To The 1954 Convention Relating To The Status Of Stateless Persons; States Parties To The 1961 Convention On The Reduction Of Statelessness.” Refugee Survey Quarterly, vol 25, no. 2, 2006, pp. 174-181. Oxford University Press (OUP), doi:10.1093/rsq/hdi0135.
Refugees, United. “UNHCR Statistical Yearbook 2015, 15Th Edition.” UNHCR, 2015, http://www.unhcr.org/statistics/country/59b294387/unhcr-statistical-yearbook-2015-15th-edition.html.Stone, Jon. “What Theresa May Said About Immigration In Her Infamous Speech To Tory Conference.” The Independent, 2016, http://www.independent.co.uk/news/uk/politics/theresa-may-immigration-policies-speech-conference-2015-tory-conservative-party-views-a7209931.html.