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23rd January 2025 (11 Topics)

US to clamp down Illegal Immigration

Context

United States President Donald Trump launched a crackdown on immigration, soon after assuming office. From his bid to end birthright citizenship to mobilising troops along the US-Mexico border, he took a hardline approach to illegal immigration. Amid Trump’s sweeping immigration clampdown, reports have emerged that India is planning to take back all its nationals living illegally in the US.

Illegal Indian Migrants in the US:

  • As of 2022, there were around 220,000 illegal Indian immigrants in the US. Indians make up the third-largest group of undocumented migrants in the country, after Mexico and El Salvador.
  • The total number of undocumented migrants in the US is approximately 11 million, with many of them facing deportation orders.
  • Among them, about 20,407 Indians are either in detention or facing final removal orders by the US authorities.
  • India is actively engaged in repatriating illegal Indian immigrants. The US is planning to deport about 18,000 Indians back to India, and the process of identifying and returning these migrants has already started.
  • Major border points for S. entry.
    • Land Border Points (with Canada and Mexico):
      • S.-Mexico Border: Key crossings include San Ysidro (California), El Paso (Texas), Laredo (Texas), Nogales (Arizona), and Brownsville (Texas).
      • S.-Canada Border: Key crossings include Detroit-Windsor (Michigan-Ontario), Niagara Falls (New York-Ontario), Seattle-Vancouver (Washington-British Columbia), and Port Huron-Sarnia (Michigan-Ontario).
    • Sea Ports of Entry: Major sea ports include Port of Los Angeles, Port of New York/New Jersey, Port of Miami, Port of Houston, and Port of Seattle.

Why India is cooperating?

  • By agreeing to take back its nationals, India is strengthening its relationship with the US under Trump’s administration. India hopes that this cooperation will help protect the interests of its citizens, particularly in securing visas and work opportunities.
  • India is also hoping that this move will help deter secessionist movements, such as the Khalistan movement, among the Indian diaspora in the US.
  • Additionally, India is trying to avoid a trade dispute with the US. Trump has criticized India’s high import taxes, and India wants to prevent any retaliatory measures that could hurt trade.

India’s challenges with illegal immigration

  • Both India and the U.S. face significant challenges with illegal immigration, but the scale, causes, and responses differ greatly.
  • India’s challenge primarily comes from Bangladesh, with an estimated 20 million illegal immigrants residing in the country, according to 2016 estimates. The issue is particularly concentrated in border states like Assam, where tensions are high due to the influx of migrants, especially after political turmoil in Bangladesh.
    • India shares a 4,096-km border with Bangladesh, which is largely porous and difficult to control. The border includes rivers, marshes, and densely populated villages, making fencing and surveillance challenging.
    • Resistance: India’s efforts to fence this border have been met with resistance from Bangladesh. In January 2025, there was a confrontation between India’s Border Security Force (BSF) and Bangladesh's Border Guard (BGB) over fencing projects, with Bangladesh citing a 1975 agreement that prohibits certain border construction.
Types of Migrants and Their Legal Statuses
  • Migrants: A migrant is anyone who moves from their place of birth to a different location, either within their own country or to another country.
    • Internally displaced people are individuals who move within their own country, often due to violence, natural disasters, or other reasons.
    • International migrants are those who move from one country to another, sometimes without legal permission.
  • Immigrants: The term immigrant specifically refers to a person who settles in another country, legally or with permission, often seeking long-term residence. Immigrants can have various legal statuses, including:
    • Permanent residents: People with a green card that allows them to live and work in a country and apply for citizenship after several years.
    • Special visas: Some immigrants, like those with T visas (victims of human trafficking) or U visas (victims of serious crimes), are allowed to stay temporarily for up to four years.
    • Work visas: H-1B visa holders work for U.S. companies in specialized roles, and F-1 student visa holders are typically international students who must return to their home country after graduation unless they secure work sponsorship or further education.
  • Asylum Seekers: An asylum seeker is someone who arrives at a country (like the U.S.) and requests protection because they fear persecution in their home country. They might seek asylum because of threats based on their political beliefs, religion, ethnicity, or membership in a targeted group.
  • Seeking asylum is a human right. This means everyone should be allowed to enter another country to seek asylum.
  • Refugees: Refugees are people who seek protection from conflict, violence, or persecution and apply for resettlement in a new country while still abroad. They are different from asylum seekers in that refugees apply for protection from outside the country they wish to enter.
    • The refugee definition can be found in the 1951 Convention and regional refugee instruments, as well as UNHCR’s Statute. 
Legal Framework in India
  • In India, all foreign nationals including refugees, asylum seekers and stateless persons are governed by the provisions contained in the:
    • Foreigners Act, 1946 gives the central government the right to deport a foreign national.
    • Passport Act, 1920: It is mandatory for anyone entering India through water, land or air to possess their passport and also prohibits the entry of the person not possessing the document.
    • Citizenship Act 1955: As per the act, an illegal immigrant can be:
      • §  Foreign national who enters India on valid travel documents and stays beyond their validity, or
      • §  Foreign national who enters without valid travel documents.
    • Registration of Foreigners Act, 1939
  • India is neither a signatory to the 1951 UN Refugee Convention relating to refugee status nor of its 1967 Protocol. 
  • India is not a signatory to the 1951 United Nations Convention and 1967 Protocol Relating to the Status of Refugees, and it does not currently have a national law on refugees.
  • The refugees and asylum seekers were entitled to the rights in Articles 14, 20 and 21 of the Constitution.

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