Deportation of Illegal Immigrants from USA

Deportation refers to the removal of a non-citizen from a country due to violations of immigration laws. It is usually applied to individuals who have overstayed their visas, failed to comply with legal requirements, or are deemed a threat to public safety or national security. The process is conducted by immigration authorities under specific legal frameworks. In the US, the Department of Homeland Security (DHS) oversees deportations. Depending on the case, individuals may face:

  • • Expedited removal: Non-citizens may be deported quickly without a court hearing if they are deemed inadmissible under immigration laws.
  • • Formal removal orders: This involves a legal process where individuals can defend their case before an immigration judge.
  • • Detention: Many non-citizens are detained either at the border, while entering the US, or within the country if they violate their visa conditions.
Forced displacement or forced migration of an individual or a group may be caused by deportation, for example ethnic cleansing, and other reasons.

Reasons

  • Illegal Immigration Enforcement: The deportations are part of intensified Immigration and Customs Enforcement (ICE) operations aimed at identifying, detaining, and deporting individuals who are in the U.S. without proper documentation.
  • Large-Scale Illegal Migration – Many Indians, particularly from Gujarat, Punjab, and Haryana, attempt to enter the U.S. illegally through Mexico and Canada due to economic distress and job shortages.

Impact of US immigration policies on Indian students and professionals

  • Legal Migration Channels: The Indian government is keen on ensuring that legal migration channels to the U.S. for Indian nationals are not restricted by the U.S. administration. These legal routes include H-1B visas for skilled workers and visas for students.
  • Deterrence of Illegal Migration: Both the U.S. and India are engaged in deterring illegal migration while creating more avenues for legal migration from India to the U.S.
  • Increased Deportations: Deportation of Indian nationals from the United States surged by 400% in the past three years. In 2024, 1,529 Indians were deported, a significant jump from 292 in 2021.
  • Impact on Undocumented Indians: Approximately 725,000 undocumented Indians reside in the U.S., primarily from Punjab and Gujarat. As of November of the previous year, 20,407 undocumented Indians were either facing final removal orders or were held in detention centers of U.S. Immigration and Customs Enforcement.

Deportation of Illegal Immigrants from USA

Impact on USA

  • Labour Market Disruptions:  Deportations can create labor shortages in sectors reliant on immigrant workers, such as construction and hospitality. (Example: Indian workers contribute significantly to the U.S. IT and service industries.)
  • Diplomatic Tensions:  Large-scale deportations may strain U.S.-India relations, especially if handled insensitively. (Example: The use of military flights for deportations sparked protests from other countries like Colombia.)

Political landscape in India

  • Domestic Political Fallout: The deportation of thousands of Indians could become a political issue, with opposition parties blaming the government for failing to create adequate job opportunities at home.
  • Diplomatic Challenges: The mass deportations could strain India-U.S. relations, particularly if deportees face harsh treatment, triggering diplomatic interventions.
  • Public Backlash: The use of military flights and reports of inhumane treatment, such as shackling, may create anti-U.S. sentiment among the Indian public.
  • State-Level Political Implications: States with high numbers of deportees (Gujarat, Punjab, Haryana) may experience political unrest, with local governments facing pressure to provide jobs and reintegration support.
  • Rise in Anti-Illegal Migration Policies: The Indian government may be compelled to introduce stricter measures against illegal immigration and human trafficking networks, affecting those attempting to migrate illegally.
  • Impact on Indian Diaspora Relations: The large-scale return of undocumented migrants could impact remittances, economic support for families, and the broader perception of Indian migrants globally.

Deportation of Illegal Immigrants from USA

India’s Diplomatic Response and Concerns

  • India has engaged in diplomatic efforts to manage the immigration issue without affecting bilateral ties:
  • India’s Position on Deportation:
    • India has agreed to accept undocumented Indians if nationality verification is confirmed.
    • External Affairs Minister S. Jaishankar conveyed India’s stand to US Secretary of State Marco Rubio.
    • India is against illegal immigration due to its links to organized crime and human trafficking.
  • Ensuring Legal Pathways for Migration:
    • Over 1 million visas were issued to Indian nationals in 2024, including record numbers of student and business visas.
    • 72% of H-1B visas issued in the last fiscal year went to Indian professionals.
    • Trump has assured that the H-1B visa program will continue, though some reforms may be introduced.
  • Challenges in India-US Talks:
    • India has asked for discreet deportation measures to avoid political backlash.
    • Concerns remain over potential restrictions on Indian migration programs.

Trump’s Economic Leverage on Immigration Policy

  • President Trump has leveraged trade policies to enforce immigration compliance:
  • Tariff Impositions on Non-Cooperative Countries:
    • Colombia refused to accept a deportation flight—Trump retaliated with 25% tariffs on Colombian goods.
    • Canada and Mexico also faced tariff threats, forcing them to ramp up border enforcement.
    • The US Congress is considering sanctions on countries not cooperating with deportation orders.
  • Impact on India:
    • While India has cooperated with the US, it remains cautious of future trade restrictions.
    • India’s focus is on protecting its skilled workforce migration and avoiding economic retaliation.

Impact on the Indian Community in the US

  • Fear and Uncertainty Among Undocumented Migrants:
    • Many Indian undocumented workers are avoiding public spaces due to increased arrests.
    • Detentions at workplaces and homes have caused economic strain in low-wage job sectors.
  • Legal Migrants Also Affected:
    • The H-1B visa program remains uncertain, with possible changes to sponsorship requirements.
    • Many Indian students fear tougher visa renewal policies.
  • India’s Response:
    • India is monitoring the situation closely, ensuring that legal migrants’ rights are protected.
    • Diplomatic engagements with US policymakers are focused on preserving employment-based immigration programs.

Road ahead

  • Strengthen Domestic Employment Opportunities: Implement targeted economic reforms, boost job creation in high-migration states (Gujarat, Punjab, Haryana), and address the root causes driving illegal migration, such as agricultural distress and unemployment.
  • Enhance Public Awareness & Legal Migration Channels: Conduct awareness campaigns on the risks of illegal immigration while expanding safe and legal pathways for skilled migration through bilateral agreements with the U.S. and other countries.
  • Engage in Diplomatic & Policy Advocacy: Strengthen diplomatic efforts to ensure fair treatment of deported individuals, negotiate favourable visa policies for Indian professionals and students, and collaborate with the U.S. on workforce mobility solutions.

Deportation Rules in India

Entry, Stay, Exit of Foreigners in India:

  • The first enactment made for dealing with foreigners was the Foreigners Act, 1864, which provided for the expulsion of foreigners and their arrest, detention pending removal, and for a ban on their entry into India after removal.
  • The Passport (Entry into India) Act, 1920, empowered the government to make rules requiring persons entering India to be in possession of passports. This rule also granted the government the power to remove from India any person who entered without a passport.
  • During the Second World War, the Imperial Legislative Assembly enacted the Foreigners Act, 1940, under which the concept of “burden of proof” was introduced. Section 7 of the Act provided that whenever a question arose with regard to the nationality of a person, the onus of proving that he was not a foreigner lay upon the person.

Foreigners Act, 1946:

  • The legislature enacted the above act by repealing the 1940 Act, conferring wide powers to deal with all foreigners.
  • Apart from defining a ‘foreigner’ as a person who is not a citizen of India, it empowered the government to make provisions for prohibiting, regulating or restricting the entry of foreigners into India.
  • It also restricted the rights enjoyed by foreigners in terms of their stay in the country if any such orders are passed by the authority.
  • The 1946 Act empowered the government to take such steps as are necessary, including the use of force for securing compliance with such directions.
  • The most important provision of the 1946 law, which is still applicable in all States and Union Territories, was that the ‘burden of proof’ lies with the person, and not with the authorities.
  • This has been upheld by a Constitution Bench of the Supreme Court.

The Foreigners (Tribunals) Order:

  • In 1964, the government brought in the Foreigners (Tribunals) Order.
  • The tribunal has the authority to decide whether a person is a foreigner within the ambit of the Foreigners Act, 1946.
  • The tribunal, which has powers similar to those of a civil court, gives reasonable opportunity to the person alleged to be a foreigner to produce evidence in support of his case, before passing its order.
  • In June this year, the Home Ministry made certain amendments in the Foreigners (Tribunals) Order, 1964. It was to empower district magistrates in all States and Union Territories to set up tribunals to decide whether a person staying illegally in India is a foreigner or not.

Illegal Migrants (Determination by Tribunals) Act, 1983:

  • This act was unsuccessful — it was also referred to as the IMDT Act — was introduced for the detection and deportation of illegal migrants who had entered India on or after March 25, 1971.
  • One factor for its failure was that it did not contain any provision on ‘burden of proof’ similar to the Foreigners Act, 1946.

Requirements during arrival of Foreigners in India:

  • Immigration check is carried out for all passengers at the port of arrival in India. The Foreigners arriving in India are required to furnish true particulars in the Arrival Card as to his name and nationality, his age, sex, place of birth and address or intended address in India.
  • Immigration check includes checking of Passport, Visa, Disembarkation Card, entering foreigner’s particulars in computer, retention of Arrival Card and stamping of Passport of the foreigner.
  • Pakistan nationals other than those on Diplomatic Visa (On Assignment), Non-Diplomatic Visa, SAARC Visa Exemption Sticker and SAU Visa or those who have been exempted from carrying visa application are required to carry a Visa application form (duplicate copies) which will be issued in addition to regular Visa on their passport by the Indian Mission concerned.
  • On presentation at Immigration check post, they are issued Regular Residential Permit and are required to report to the FRRO/FRO or concerned Police Station in their places of stay within 24 hours unless and until they are officially Exempted from Police Reporting.

Requirements during Stay In India:

  • Foreigners are required to comply with the purpose for which a visa was initially applied, and also to abide by conditions endorsed on the visa.
  • If the visa is valid for more than 180 days and the foreigner intends to stay in India continuously for more than 180 days, then every such foreigner entering India or resident in India shall present in person or along with an authorized representative to the satisfaction of the appropriate Registration Officer at the place of his stay within the specified period mentioned on visa except certain visa categories requiring registration within the specified time.
  • Such registration shall not be necessary in the case of a foreigner entering India on a visa valid for a period of not more than 180 days and who does not remain in India beyond the said period, unless, specific endorsement/observation is made on the visa by the Indian Mission.
  • At the time of Registration every foreigner shall furnish accurate information, to the satisfaction of the Registration Officer and shall, sign the Registration Report, in the presence of the said officer. The foreigner shall also be provided a copy of Certificate of Registration.
  • Foreigners may go through the instructions given on Registration Certificates for their guidance concerning stay and future reporting.
  • Every foreigner shall within twenty hours of the demand being made by a Registration Officer, magistrate or police officer, not below the rank of a head constable, produce, at such place as may be specified in his passport or such other proof of his identity and/or Registration Certificate as may be required for any purpose connected with the enforcement of Foreigners Act/ Registration of Foreigners Rules.

 



POSTED ON 07-02-2025 BY ADMIN
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