Is systemic racism embedded into the EU Settlement Scheme?
by Sarah Maramag, Community Organiser: Access to Justice, the3million
This week we witness how yet again the Home Office has been forced to release another damning report on the origins of the Windrush Scandal. The research shares that immigration laws in the UK were inherently racist, purposefully designed to reduce the country’s non-white population.
As victims of the Windrush scandal rightly call for a public inquiry and restitution for ruined lives, we share insights into how racialised citizens are treated in the EU Settlement Scheme (EUSS), the system set up by the Home Office to give an immigration status to EU citizens after Brexit.
The diversity of EU citizens in the UK
A matter of fact is that the UK’s colonial past is very much interlinked with its immigration policy. Similarly, Europe’s colonial history has repercussions today.
An analysis of the citizenships of EU nationals in the UK shows our communities’ diversity. Some may call this diversity surprising, but when we take into account the colonial histories of countries such as Portugal, Spain, the Netherlands, France and Belgium (to name just a few), it becomes clear that many EU citizens’ ancestry can be traced back to former colonies of European empires. To quote the title of a successful book on the topic: “We’re here because you were there”.
Until we decouple European-ness from whiteness, citizenship will always be defined along racial lines, leading to people of colour suffering unjustly at the hands of hostile immigration policies.
What issues do racialised people face under the EU Settlement Scheme?
The EU Settlement Scheme (EUSS) does not record data on ethnicity. This makes it difficult for organisations to point towards discrepancies between how white and racialised Europeans are treated by the Home Office.
At the3million, we analysed hundreds of reports of issues applying for and proving immigration status. People reported their problems to us through our ReportIt tool.
Our findings shows that ethnic minorities are facing disproportionate challenges:
Black, Asian and other ethnic minority applicants are disproportionately affected by refusals of immigration status, delays and technical barriers
A staggering 40% of people who reported a problem with an unfair refusal of status were Black (in comparison, only 5% of EU citizens in the UK are Black). In addition, 13% of people who reported refusal issues were from Asian backgrounds (only 7% of EU citizens in the UK are from Asian backgrounds).
From all citizens who reported excessive delays with their applications, 9% were Black, 9% were from Asian backgrounds and 6% were from other ethnic minorities (Arab, Latin, others).
In proving their status, 25% of people who reported an issue were from ethnic minority backgrounds (disproportionate with the 20% of EU citizens in the UK who are from ethnic minorities).
“I am being denied my right to be my wife in the UK. She gave birth to my son two years ago. I’ve never met my own child because of this Home Office refusal.”
The cases reported to us at the3million are indicative of a broader issue: the EUSS is not just failing to protect EU migrants with ethnic minority backgrounds, it actively contributes to their exclusion.
The government’s refusal to collect reliable data on the ethnic backgrounds of EUSS applicants means we do not even know the full extent of this discrimination. But what we do know suggests that non-white applications are disproportionately facing significant issues, deepening the racial inequities that already exist in the hostile environment and in society.
Replicating structural racism
It has become a pattern that reflects the same structural racism that has long plagued UK immigration policy. We cannot keep pretending that these are just technical glitches or issues of inefficiency or oversight. The reality is much uglier.
It is the kind that does not announce itself loudly but rather hides behind complex and ever-changing rules and faceless bureaucracy. And when we take a closer look on who’s left behind – those denied the right to live, work and be with their families – it becomes clearer that this silent discrimination is not incidental. It must be voiced out loud: there exists a systemic bias that is masquerading as bureaucracy.
The UK has had a long history of failing migrants, particularly those from Black, Asian and ethnic minority communities. The hostile environment policy, Windrush scandal and now the shortcomings of the EUSS all reveal a disturbing pattern. Unless we confront this head-on, we are complicit in perpetuating a cycle where ethnic minorities are forever on the margins, fighting a system that further excludes them.
Addressing the issue
The new government has promised to deliver change and uphold fairness for all – but these promises will remain meaningless unless it confronts the systemic biases deeply entrenched in the EUSS and the wider immigration system. If the new Labour government is serious, it must fix the EUSS to ensure that it does not continue to fail migrants with ethnic minorities. Tinkering at the edges simply won’t cut it. There needs to be a decisive push for a root-and-branch reform, one that starts, as it should, by acknowledging the racial disparities and biases in the current system.
The recent far-right riots in the UK have shown us that racism and xenophobia are far from fringe issues. They are on the rise, emboldened by decades-long political rhetoric that had and continue to scapegoat migrants. The riots were a clear signal that migrant communities and advocates cannot afford to give the new government a “honeymoon period” in this regard.
We cannot allow hatred to continue to dominate the narrative that breeds systemic discrimination that many migrants face. We need more voices, more community action, more organising, more speaking out. Whether it’s reaching out to local MPs, organising communities, increasing our access to knowledge of our rights, mobilising collective action or amplifying stories, there is a role for all of us in the fight against racism and xenophobia, for migrants rights and for social justice.
If we want a truly inclusive, anti-racist society, it starts with holding the past and present governments accountable, by challenging the systemic discrimination embedded in the EUSS and immigration policies, and standing in solidarity with all migrant communities under siege.
