From Facing Deportation to Safe Repatriation: The Evolution of Illegal Indian Immigration Since 2014

New Delhi, Feb 6 (NationPress) In response to the clamor from the Opposition regarding the deportation of over 100 illegal Indian immigrants by the US, External Affairs Minister (EAM) S. Jaishankar highlighted the comprehensive data on the deportation of Indian nationals from the US since 2009. He emphasized that the deportations carried out by the US Immigration and Customs Enforcement (ICE) are conducted in accordance with the Standard Operating Procedures (SOPs) that have been in place since 2012.

During a Parliamentary address, the EAM urged for a concentrated effort on addressing the illegal immigration industry, noting that deportation processes are not a recent development but have been ongoing for several years.

The safety and welfare of the Indian diaspora worldwide is a top priority for the government led by Prime Minister Narendra Modi. Since 2014, Indian embassies and consulates globally have been working diligently to facilitate the repatriation of undocumented Indian immigrants following nationality verification.

In December 2015, when Kuwait initiated the deportation of 1,700 Indian nationals for violating residency laws, the Ministry of External Affairs (MEA) collaborated closely with local authorities to ensure their safe return.

"Measures taken by our Missions include requests for expedited trials, seeking sentence remissions, providing legal guidance, ensuring humane treatment in foreign prisons, issuing emergency certificates, and facilitating the repatriation of those released," stated the late former External Affairs Minister Sushma Swaraj in Lok Sabha in May 2016.

Not long ago, Riyadh had cautioned the second United Progressive Alliance (UPA) government regarding the fate of Indians in Saudi Arabia.

"During the seven-month grace period granted by the Saudi government from April to November 2013, over 1.4 million Indian workers corrected their legal status or exited the country without penal consequences. Over 141,000 Indian workers left Saudi Arabia during this period," remarked the late Minister of State for External Affairs Edappakath Ahamed in February 2014.

Countries like the US soon recognized that the new BJP-led NDA government in New Delhi was serious about legal immigration processes and cared for the estimated 25 million strong overseas Indian community.

In 2017, the Indian government maintained close engagement with Washington as US President Donald Trump enacted an Executive Order titled "Enhancing Public Safety in the Interior of the United States", which mandated agencies to use all lawful means to enforce US immigration laws against removable aliens.

Responding to a question in Lok Sabha in July 2017 concerning deportations from the USA, the late EAM Sushma Swaraj noted that since 2014, a total of 702 undocumented Indian nationals were issued travel documents to facilitate their safe return to India.

"Discussions regarding the welfare of the Indian diaspora in the United States are ongoing between the two governments. Our Embassy and Consulates in the US maintain regular contact with local Indian community groups to address any emerging issues related to the diaspora. The government is vigilant regarding developments affecting the lives of Indians abroad and will take all necessary actions to protect their interests and welfare," Swaraj stated.

Identifying the number of Indians residing or working illegally in foreign nations remains a complex task, as many countries do not disclose information on illegal stays unless deportation orders are issued and nationality verification is required.

The deportation procedures for foreign nationals differ from one country to another. Some countries do not arrest deportees but place them in detention centers until deportation. Furthermore, information about arrests and deportations is seldom shared with Indian Missions/Posts, as deportations can occur directly by the host government if the deportee possesses valid travel documents.

Indian Missions/Posts are contacted by host governments only when nationality verification and Emergency Certificate (EC) issuance for the deportee are needed.

Between 2017 and 2022, the then Minister of State for External Affairs V Muraleedharan reported in July 2022 that 132,456 Indian nationals were issued Emergency Certificates by Indian Missions/Posts abroad for repatriation or deportation for various reasons, including illegal emigration, overstaying, and minor offenses.

"Whenever we receive reports of an Indian national detained for immigration law violations, our Missions/Posts abroad seek consular access and visit detention centers where Indian nationals are held. After confirming Indian nationality, our Missions/Posts issue Emergency Certificates to Indian nationals without valid Indian passports to facilitate their return to India.

"Moreover, officials from our Missions/Posts attend labor and general court hearings involving Indian nationals violating immigration laws. Some of our Missions/Posts also issue advisories to Indian nationals, urging them to regularize their visas and residency documents in their host countries," he elaborated during a Rajya Sabha session.

While there are no official statistics on the number of undocumented Indian immigrants in the US, the US Department of Homeland Security routinely conducts deportations of foreign nationals who fail to establish a legitimate basis for remaining in the country.

"According to US government data, 519 Indian nationals were deported to India between November 2023 and October 2024. Deportations are executed by the US government via commercial and charter flights. In the spirit of India-US collaboration on migration and mobility, both nations are working together to discourage illegal migration, including human smuggling, while creating more pathways for legal mobility from India to the US," stated Minister of State for External Affairs Kirti Vardhan Singh in Lok Sabha on November 29, 2024.