Recent developments in U.S. immigration policy have raised concerns regarding the status of undocumented Indian immigrants. The newly appointed US Secretary of State, Marco Rubio, discussed irregular immigration with India’s External Affairs Minister, S. Jaishankar. The meeting brought into light the US government’s intention to address the issue of undocumented Indians, which includes over 20,000 individuals currently facing deportation.
About Deportation in the US
- Deportation is the removal of non-citizens from the US for violating immigration laws.
- Non-citizens may be detained and deported for criminal activities, public safety threats, or visa violations.
- The US Immigration and Nationality Act (INA) allows for expedited removal of individuals who entered without inspection or used fraudulent documents. Many undocumented Indians fall under this category.
Appealing Deportation Orders
Non-citizens facing deportation may appeal if they express a credible fear of persecution upon return to their home country. Asylum seekers can enter formal removal proceedings rather than expedited removal. This process offers a chance for legal residency in the US.
Costs Associated with Deportation
Deportation costs can be high. Individuals may opt for voluntary departure at their own expense. The US Immigration and Customs Enforcement (ICE) manages the transportation of deportees, utilising both commercial and charter flights. ICE Air Operations conducts special flights for high-risk deportations.
Trends in Deportation of Indian Nationals
Deportations of Indian nationals have increased in recent years. From 2019 to 2024, the number of deportations rose, with 1,529 Indians deported in 2024 alone.
Factors Contributing to Undocumented Migration
Many undocumented Indians live in the US, primarily from regions like Gujarat and Punjab. They often use the “donkey route,” a perilous journey involving multiple countries before reaching the US. This route can cost between ₹50 lakh to ₹85 lakh and takes years to navigate.
Legal Migration Options
The Government of India is working with the US to enhance legal migration avenues while addressing illegal immigration. Efforts include cooperation on migration policies to protect legal work and student visas, aiming to mitigate potential trade conflicts.
Current Status of Indian Immigrants in the US
As of 2024, estimates suggest around 725,000 undocumented Indians reside in the US. Most are engaged in low-skilled jobs and live in a state of uncertainty as they await asylum decisions.
Impact on India-US Relations
The issue of undocumented Indian immigrants could affect diplomatic relations between India and the US. Cooperation on immigration policy is crucial for maintaining strong bilateral ties and ensuring the welfare of Indian nationals abroad.
Questions for UPSC:
- Critically examine the implications of the US Immigration and Nationality Act on undocumented immigrants.
- Discuss the impact of deportation policies on the socio-economic status of Indian immigrants in the US.
- Explain the role of asylum in US immigration law. How does it affect the deportation process?
- With suitable examples, discuss the challenges faced by undocumented migrants using the ‘donkey route’ to enter the US.
Answer Hints:
1. Critically examine the implications of the US Immigration and Nationality Act on undocumented immigrants.
- The Act provides a framework for deportation, specifically targeting non-citizens who violate immigration laws.
- It includes provisions for expedited removal, allowing for swift deportation without hearings for those lacking proper documentation.
- Many undocumented immigrants, including Indians, are vulnerable under this Act, facing immediate removal orders.
- The Act has been criticized for lacking protections for individuals fleeing persecution or violence.
- Changes in the Act can impact undocumented populations and their legal recourse in the US.
2. Discuss the impact of deportation policies on the socio-economic status of Indian immigrants in the US.
- Deportation policies create a climate of fear, affecting job security and mental health among undocumented immigrants.
- Many undocumented Indians work in low-skilled jobs, and deportation can lead to loss of income and instability.
- Deportation can disrupt family structures, leading to economic hardship for dependents left behind.
- Remittances, which support families in India, are jeopardized by the threat of deportation.
- Increased deportations can reduce the overall economic contribution of Indian immigrants to the US economy.
3. Explain the role of asylum in US immigration law. How does it affect the deportation process?
- Asylum provides protection to individuals fearing persecution in their home countries, allowing them to remain in the US.
- Non-citizens expressing credible fear of persecution can enter formal removal proceedings instead of expedited removal.
- Asylum seekers have the opportunity to present their cases in court, which can delay deportation processes.
- The asylum process can serve as a legal foothold, offering a path to permanent residency.
- However, the backlog in asylum cases can lead to prolonged uncertainty for applicants awaiting decisions.
4. With suitable examples, discuss the challenges faced by undocumented migrants using the ‘donkey route’ to enter the US.
- The ‘donkey route’ involves a perilous journey through multiple countries, increasing the risk of exploitation and violence.
- Traffickers often take advantage of desperate migrants, charging exorbitant fees for passage.
- Many migrants face legal hurdles and detention upon arrival at US borders, complicating their immigration status.
- Physical dangers, including harsh terrain and potential encounters with criminal gangs, pose risks during the journey.
- Undocumented migrants often lack access to resources and support networks, making their journey even more challenging.
