America’s New Action on Illegal Indian Immigrants

Why in News?

America’s New Action on Illegal Indian Immigrants: The U.S. has escalated its action against illegal immigrants by deporting undocumented Indian migrants back to India using military aircraft. This move is part of a broader effort to tighten U.S. immigration policies and curb illegal immigration. 

America’s New Action on Illegal Indian Immigrants

• Under the Trump administration’s tough immigration policy, 20,407 Indians have been identified as illegal immigrants in the U.S. Of these, 17,940 have received final deportation orders, and 2,467 Indians are currently held in ICE (Immigration and Customs Enforcement) detention centers. Recently, 104 Indians, mostly from Gujarat and Punjab, were deported back to India via military aircraft.
• The Trump administration has implemented several new measures to make the deportation process more stringent. Instead of commercial flights, military aircraft are now being used for deportation. 
• Additionally, ICE, the FBI, and Border Patrol have intensified efforts to locate and arrest illegal immigrants. As a result, the arrest rate tripled in January. Moreover, the legal protections provided under the Biden administration have been removed.
• The U.S. has also revamped Guantanamo Bay to accommodate up to 30,000 migrants, and the Buckley Space Force Base in Colorado is being used for detention purposes as well.

U.S. Illegal Immigration and Deportation Policy

The U.S. illegal immigration and deportation policy has seen several changes over time, aimed at controlling the number of illegal immigrants and bringing them into legal status.

• What is Illegal Immigration? Illegal immigration refers to the process of an individual entering the U.S. without proper documentation or authorization. Such immigrants are considered “illegal immigrants” and may face deportation under U.S. immigration policies.
• Key Legal Provisions: To regulate illegal immigration, two key laws are in place:
  1. Immigration Reform and Control Act (IRCA) 1986: This law imposed strict rules against hiring illegal immigrants.
  2. Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) 1996: This law further tightened the deportation process for illegal immigrants.
• Deportation-related Agencies: The responsibility for deporting illegal immigrants lies with Immigration and Customs Enforcement (ICE). Immigration courts, operated by the Executive Office for Immigration Review, handle deportation hearings.
• Legal Protections and Permanent Residency:
  1. Amnesty: The IRCA of 1986 provided illegal immigrants with an opportunity for permanent residency or citizenship. About three million illegal immigrants were granted amnesty under this law.
  2. Deferred Action: Under this policy, certain illegal immigrants are granted a delay in deportation. For example, the DACA (Deferred Action for Childhood Arrivals) program, implemented in 2012, provided a two-year deferral and work authorization for those who entered the U.S. as children.
• Efforts for immigration reform have been ongoing, such as the Family Fairness Program (1987) and the DAPA (Deferred Action for Parents of Americans) program, aimed at providing legal status to the families of illegal immigrants. However, DAPA was eventually suspended due to judicial challenges.
• Judicial System and Deportation: In the U.S. judicial system, the Sixth Amendment does not apply during deportation proceedings, meaning illegal immigrants do not have the right to legal counsel. However, they do have certain rights under the Fifth Amendment.

Why has the U.S. Taken This Step?

• Job and Economic Security: The U.S. decided to intensify efforts to remove illegal immigrants and tighten visa programs to ensure job security for American citizens. The goal is to prioritize employment opportunities for U.S. workers and prevent jobs from being displaced by foreign nationals.
• “America First” Policy: The “America First” policy, which emerged during Donald Trump’s presidency, focused on prioritizing the national interests of the U.S. Under this policy, Trump pulled out of global agreements, reviewed trade deals, and sought to control foreign investments. The U.S. tightened its borders to secure the nation’s resources and job opportunities for its citizens.
• National Security: The U.S. government took measures to control illegal immigration due to concerns that illegal immigrants might be involved in organized crime, human trafficking, or terrorism. The policy aimed to ensure that only those legally eligible to migrate enter the country.

Key Reasons for Illegal Indian Migration to the U.S.

• Lack of Economic Opportunities: Due to overpopulation and limited job opportunities in India, the youth often look for better life prospects abroad. The scarcity of sufficient employment and the increasing unemployment rate are major driving forces behind migration.
• Better Life and Career Advancement: High salaries, better work environments, and opportunities for personal and career development attract Indians planning to work abroad. Working in other countries offers Indian professionals the chance to reach new career heights, improving their living standards and social status.
• Seeking Quality Education: Due to limited educational opportunities and a lack of training in specialized fields in India, many young individuals seek higher education abroad. Countries like the U.S., Canada, and Australia, with their prestigious universities and research facilities, attract students looking for world-class education.
• Impact of the COVID-19 Pandemic: The COVID-19 pandemic had a global economic and health impact. Indian citizens, seeking to escape the health crisis and economic downturn at home, looked for new opportunities abroad.
• Misleading Travel Agencies and Fraud: Some travel agencies and agents mislead prospective immigrants with false promises and deceptive information. Desperate migrants, with limited knowledge, often fall prey to these agencies.

Impact of U.S. Policy on Indian Immigrants

• Fear Among Illegal Immigrants:
  • Rising Arrests: As the number of arrests by U.S. immigration authorities increases, many Indian immigrants, especially those who are undocumented, are avoiding public places. This has a significant impact on their mental health and daily lives.
  • Economic Strain: Constant surveillance at workplaces and homes, along with pressure from immigration authorities, has made life difficult for Indian immigrants in low-wage jobs. As a result, they are facing challenging economic conditions.
• Impact on Legal Immigrants:
  • Uncertainty Surrounding H-1B Visa Program: The H-1B visa, a crucial pathway for Indian professionals to work in the U.S., is now surrounded by uncertainty. Changes in U.S. visa policies and sponsorship requirements have caused concern among Indian professionals.
  • Tough Policies for Indian Students: Indian students in the U.S. are experiencing mental stress due to the complex visa renewal processes and stricter policies. This has led to uncertainty about their prospects of staying in the U.S. after completing their education.

India’s Response and Diplomatic Approach

• India’s Policy Position:
  • Citizenship Verification Process: India has made it clear to the U.S. that it is willing to accept the return of Indian citizens if their identity is verified. This signals that India will only accept verified and legal citizens and will not compromise on illegal immigration.
  • Improvement and Expansion of Visa Process: India has enhanced the visa issuance process to increase opportunities for its citizens to study and work in the U.S. In 2024, more than 1 million visas were issued, primarily for students and professionals.
• India’s Strategy:
  • Cautious and Pragmatic Approach: India has urged the U.S. to respect the rights of its citizens during the deportation process and ensure that the matter does not turn into a political dispute. India’s diplomatic stance emphasizes the importance of maintaining mutual understanding between both nations to safeguard the interests of Indian immigrants.
  • Foreign Minister’s Diplomacy: India’s Foreign Minister, S. Jaishankar, has directly raised the issue with the U.S., advocating for a prudent approach to addressing illegal immigration. This reflects India’s diplomatic sensibility, aiming to ensure the protection of the rights of Indian citizens while managing the issue.

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