Saved from penal action, repatriated safely — how have things changed drastically for illegal Indian immigrants since 2014

Amidst the Opposition clamour on holding discussion on deportation of over 100 illegal Indian immigrants by the US, External Affairs Minister (EAM) S. Jaishankar on Thursday not only provided the entire data on deportation of Indian nationals from the US since 2009 but also spotlighted that the deportations executed by the US Immigration and Customs Enforcement (ICE) authority are conducted under the Standard Operating Procedures (SOPs) effective from 2012.

Making a statement in Parliament, the EAM urged that the focus should instead remain on a strong crackdown against the illegal immigration industry as the process of deportation is not new and has been ongoing for several years.

With safety and welfare of Indian diaspora all over the world being a top priority of the government led by Prime Minister Narendra Modi, the Indian Embassies and Consulates all over the world have also been working overtime since 2014 to facilitate repatriation of undocumented Indian immigrants after their nationality verification.

In December 2015, when Kuwait began deporting 1700 Indian nationals arrested for violating visa residency laws, the Ministry of External Affairs (MEA) worked diligently with the local authorities to ensure their safe return.

"Steps taken by our Missions include requesting local authorities for speedy trials, seeking remission of sentences, providing advice and guidance in legal and other matters, ensuring fair and humane treatment in foreign jails, issue of emergency certificates and repatriation to India of those who are released," former External Affairs Minister late Sushma Swaraj told Lok Sabha in May 2016.

Not too long ago, Riyadh had warned the second United Progressive Alliance (UPA) government about the fate of Indians stuck in Saudi Arabia.

"During the seven-month grace period given by the Saudi government from April-November 2013 to overstaying expatriate workers to either correct their legal status or leave the country without facing any penal action, over 1.4 million Indian workers availed the concessions. During this period, over 1,41,000 Indian workers left Saudi Arabia on final exit," the then Minister of State for External Affairs late Edappakath Ahamed had told Rajya Sabha in February 2014.

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

In 2017, the Indian government remained closely engaged with Washington as US President Donald Trump issued an Executive Order titled "Enhancing Public Safety in the Interior of the United States" which inter alia "directs agencies to employ all lawful means to ensure the faithful execution of the immigration laws of the United States against all removable aliens".

Replying to a question in Lok Sabha in July 2017 on deportations from the USA, late EAM Sushma Swaraj said that, since 2014, 702 undocumented Indian nationals were issued travel documents to enable their safe return to India.

"Issues relating to the welfare of the Indian diaspora in the United States are constantly under discussion between the two governments. Our Embassy and Consulates in the US are also in regular contact with local Indian community groups to address any emergent issue relating to the diaspora. The government remains vigilant to developments impacting the lives of Indians abroad and will do everything possible to safeguard their interests and welfare," said Swaraj.

According to the MEA, identifying the number of Indians staying or working illegally in foreign countries also remains a tricky process as many foreign countries do not provide information on illegal stay in their countries, except when they are under orders of deportation and travel document/nationality verification is required.

The procedure followed for deportation of foreign nationals also varies from country to country. Some countries do not arrest the deportee and keep them in detention/deportation centres instead until deportation. Moreover, the information about arrest/detention and deportation is not shared with Indian Missions/Posts and the deportation is done directly by the host government if the deportee has valid travel documents.

The Indian Missions/Posts are contacted by the host governments only in cases where the nationality verification and issuance of Emergency Certificate (EC) to the deportee is required.

Between 2017-2022, then Minister of State for External Affairs V Muraleedharan told Parliament in July 2022, as many as 1,32,456 Indian nationals were issued Emergency Certificates by Indian Missions/Posts abroad for repatriation/deportation from foreign countries for various reasons including for illegal emigration, overstay and minor crimes.

"Whenever any detention of an Indian national for violation of immigration laws is brought to our notice, our Missions/Posts abroad seek consular access and visit detention centres where Indian nationals are detained. After confirmation of Indian nationality, our Missions/Posts abroad issue Emergency Certificates to Indian nationals, who do not hold valid Indian passports, to facilitate their return to India.

"The Mission/Post officials abroad also attend labour/general court hearings against Indian nationals for violation of immigration laws from time to time. Some of our Missions/Posts abroad also issue advisories to Indian nationals counselling them to regularise their visas and residency documents in the country of their stay," he told while replying to a question in Rajya Sabha.

While there are no authoritative figures on the number of undocumented Indian immigrants in the US, the US Department of Homeland Security, as part of its mandate, conducts regular deportation of foreign nationals who fail to establish a legal basis to remain in the country.

"As per US government data, a total of 519 Indian nationals were deported to India during the period Nov 2023 to Oct 2024. Deportations are carried out by the US government through commercial and chartered flights. As part of India-US cooperation on migration and mobility, both sides are engaged in a process to deter illegal migration, including human smuggling and create more avenues for legal mobility from India to the US," Minister of State for External Affairs, Kirti Vardhan Singh said in Lok Sabha on November 29, 2024.