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Key Highlights
The Joe Biden administration granted working rights to the migrants from Haiti, Venezuela and neighbouring countries in order to accommodate the increasing number of border crossings. This triggered a strong reaction from the legal immigrants originally from Asian and other countries who argue about the prolonged process they underwent for green card. They go on to question the fairness of the provision. Experts stress on the importance of the working rights to Venezuelans and bears the difference between the two immigrants and their rights. The issue remains the foremost task for the leaders.
After the number of migrants who came in from Venezuela, Haiti, and neighbouring countries surged last year, the US government swung into action to give the newly arrived people working rights. This might have drawn international praise.
To ascertain the other immigrants' opinions, Fatima Hasan, a reporter for TheSocialtalks, interviewed several individuals to understand their views.
Migrants from such nations, who fled their countries for better opportunities, have been sent in buses to some US states. According to Mexico's National Migration Institute, they crossed over, risking their lives by using the railway network to reach the US-Mexico border.
Migrant encounters at the US southern border surged in the year ended in 2023, according to the US Customs and Border Protection.
To protect this unprecedented number of migrants, the Biden administration, under pressure, announced a slew of measures, including the working rights in 2023.
Asked about his views on the working rights these migrants got, Bharath Barai, a medical director based in Chicago, said, “Many of us, including myself, came here legally and had to wait long years before we got a Green card. So why is it OK for well-qualified people to come through the legal route of immigration and wait long while millions of illegal immigrants now have all rights?."
Countering the now-presidential candidate and Vice-President Kamala Harris, Barai, who has been in the USA for 42 years, said, “Kamala Harris was supposed to be in charge of it, and she didn't do anything.” He points out, “Now, for wooing voters, she has put up the show of concern.”
Currently, Harris has affirmed her position to earn a pathway to citizenship and to secure borders. Her campaign maintains that her stance is the same as that of the Biden administration.
While arguing on similar lines, Kalpesh Joshi, an outlier in Chicago, said, “Currently, the illegal immigrants are getting working rights easily whereas legal immigrants-- the professional people-- have to wait so many years for the citizenship path.”
Legal immigrants are immigrants who entered the country legally and earned their citizenship, while illegal immigrants are the ones who entered the USA without legal documents, as per the Washington Department of Social Service.
Taking a positive stance, Tejaswi Reddy, a clinical assistant professor at a Texas university said, “I don't mind if people who are seeking asylum in USA are getting work rights before knowledge workers or those who are spending a lot of time before they get into the workforce because these people have lost their homes and they are already in a precarious situation.”
Stating that they deserve a better life, he continues, “If the USA is able to give work permits to them sooner, when it is much needed, it is better.” Reddy, who is now a Green Card holder, believes that it is the United States policy to welcome refugees and shoulder the responsibility to provide a means of living for these asylum-seeking refugees. According to him, this provision is justifiable as it is based on humanitarian grounds. In the cases of illegal cross-overs, he said, he is against these persons getting work permits.
The government's rules need to be clarified for immigrants in different stages of citizenship.
Fatir Ahsan, a Pakistani who graduated in the USA and now resides in Chicago, said, “Seeing these people get it so easily is like a cakewalk. I did all the required homework, but look, if it were this easy just like three months, then I guess I should have also come like this.” Ahsan recently got his HIB visa and is now vying for a Green card. He expresses his frustration with the system by asking, “Why is this waiting for me then?”
For Venkat P, a contract engineer working in Virginia, “It has been almost 105 days since I applied for a Green card following all due procedure. Yet I am still waiting while these migrants got it so easily.”
It usually takes 90 days from the time the payment is made to receive permanent residence. Venkat P argues, “I came to study, and soon after, I landed a job which was offering me a good deal. I stayed back on a work visa. Now that I have got family here and after living here for so many years in a row, I want to settle down here. But this is so annoying due to the prolonged procedure and waiting time.
According to him, he is deeply interested in US politics and culture, but he cannot vote. Why are immigrants from a few countries getting voting rights so soon? he questions. Recently, the US House of Representatives Speaker, Mike Johnson, alleged that a few states did the audit and found non-citizens on the voter list.
Next up is Tito Thomas, a retired businesswoman living in Atlanta, who acknowledges the working rights of these migrants. “I agree that the Mexicans are usually deemed to be most hard-working and contribute to the growth of the country, but that does not mean we are not adding to the GDP.” Whatever the case may be, she believes that “asylum is different, and giving them working rights is different.” These migrants were given work permits after they arrived in July 2024 and waited for three months. Asylum is a form of protection that allows an individual to remain in the United States instead of being removed (deported) to a country where they face persecution or harm.
Asylum seekers need to be physically present in the USA or must be seeking entry into the USA at the port of entry as per the USCIS website.
For people like Shakeel Mohammed, who has attained citizenship, this does not matter as much. Originally from India, he has been in the USA since 2001. He holds a positive view. “Leaving one's homeland is never easy, as one holds deep connections to family, culture, and identity. Despite our diverse backgrounds, we share common human experiences. It's crucial to recognize that many people leave their countries to escape violence, crime, persecution, political instability, war, and natural disasters.”
Now a proud Indian American who works in the Bay area, he says, “The United States, with its long history as a symbol of freedom and hope, has consistently been a refuge for those in need.” He need.” He explains further, “While it may seem unfair for undocumented individuals to be prioritized for citizenship over those going through the legal immigration process, it's equally important to recognize that denying work visas to asylum seekers and undocumented individuals undermines their right to fair wages.”
“Without legal status,” Mohammed argues, “these migrants are stripped of basic protections such as the right to earn minimum wage, access to healthcare for themselves and their families, housing, education for their children, and other fundamental rights.”
Given his expert knowledge, Maseeh Uddin Mohammad, an Indian immigrant living in Minnesota now, said, “The USA and most of the European nations respond to events politically, rather than on a needs basis.” He elaborates that “Venezuela has a socialist government and opposed to the US policies and its meddling in the internal affairs of Venezuela. The US likes to show the government of Venezuela that the asylum seekers are political refugees, not economic migrants like South Asians, or other economic migrants.” He thinks this system is not fair. ‘But that’s the way the world works,’ he acknowledges.
Looking on the other side of the coin, Maseeh Uddin said, “Also, the influx of Indian migrants who are attempting to enter the US illegally has increased sevenfold. Hence, the tightening of the rules may be justified.” Moreover, he said, “Those Indians, or South Asians, for that matter, who entered the US legally, do not face any hardships in getting jobs, or starting their own businesses. As legal residents, they can obtain citizenship after 5 years.” He is a retired businessman who resided in England for a few years of his early life.
How just is this? What can the government do?
On the question, Shailaja Sharma, a professor at DePaul University (Chicago) with expertise in international studies, forced migration and refugee studies, gives her insights. “Venezuelans are allowed to apply for work authorizations after three months in the US. This is important as they can use the jobs to help support themselves and their families and not be dependent on the cities they live in.”
It is not easy to get work since most of them, she stresses, “do not speak English.” She observes that “thus giving these migrants the right to work is important as they contribute to the economy by working hard.”
Comparing the two, she said, “Legal migrants also get work authorization very quickly, so it is not a case of one over the other. Secondly, Venezuelans are not in the queue for Green cards or citizenship under the current law and are not competing with legal migrants.”
Regarding the procedure and government action, Sharma said, “If it is taking so long for legal migrants to get their paperwork processed, the Federal government should be increasing staffing in order to shorten processing times.”
Maseeh Uddin has some inputs for the government. “As a first step, granting legal work status to asylum seekers would enable them to earn fair wages and support their families.” It is estimated that around a million Green cards have gone unused since 1992. He points out and suggests, “The government could pass a resolution to revoke these Green cards and allot them to asylum seekers.”
Additionally, he goes on, “The government could establish a process to legalize their status, allowing them to apply for a Green card, which could eventually lead to US citizenship. It is well known that most individuals who enter the country, legally or illegally, do not return to their homeland or have no desire to. It's time lawmakers acknowledge this reality and genuinely try to regularize their status.”
Currently, the Immigration and Nationality Act (INA) authorizes the Secretary of Homeland Security to exercise discretion to temporarily allow certain non-citizens to physically enter or remain in the United States if they are applying for admission but do not have a legal basis for admission. DHS may only grant parole if the agency determines urgent humanitarian or significant public benefit reasons.
Tejaswi Reddy, voicing his views, said, “The government should provide a temporary status like how students come on F1 status. They should be given a temporary status so they can seek the skills needed to find a job, and it cannot be a job that typical Americans are also doing. Instead, it must be a job that adds value to their country. Since the US is a richer country than Venezuela or Mexico, it could support collaboration with Mexico and Venezuela.”
He believes that paying some stipend to these asylum-seeking refugees without taking the entire burden onto themselves will be better. “It is still justifiable to take in new people and give them a livelihood because anyway those who live here have to spend in US dollars, and it means that they have to earn in US dollars to do that,” he points out.
With the increasing number of immigrants coming to the US primarily for work and contributing to GDP, it will be a task for the next leader who takes the reins in the next couple of months to decide on the issue and deliver a just environment.