Context

Recently many Indians were deported back who were trying to enter the U.S. illegally. This entire episode has sparked debate. It is not just a policy related issue. This has a human side of dreams, hardships and broken systems.

Historical Context of Indian Migration

Migration has shaped many civilizations, economies and societies since a long time. India has a vast diaspora in various countries of the world and our people have contributed significantly to global industries. Be it IT leaders like Sundar Pichai and Satya Nadella or blue-collar workers- Indian migrants play a crucial role in host nations. Migration has always been a force multiplier. Despite of these rising geopolitical tensions have placed migration under increased scrutiny.

The Paradox of Indian Migration

India is growing well economically but the issue of illegal migration still  persists. The reason behind the migration of Indians to US is the “The American Dream”. This dream was once an aspirational goal but now it continues to lure Indians. There are many reasons behind this:

• Economic Disparities: India showcases economic progress. But still there is rampant unemployment and underemployment.
• Societal Pressures: Families in India encourage migration. They are mainly inspired by remittance-driven success stories.
• Unscrupulous Agents: Smugglers exploit desperation of people. They mislead individuals with false promises of stability abroad.

States like Gujarat and Punjab are prosperous but still see high emigration due to factors such as unemployment, agrarian distress and drug abuse. There are lots of risks. Many spend exorbitant sums and some lose their lives in perilous crossings. Some others end up deported and their dreams get shattered.

Rise in Illegal Immigration from India to the U.S.

Data from U.S. Customs and Border Protection (CBP) shows that there has been unprecedented rise in undocumented Indian immigrants who are crossing U.S. borders. In 2023, 96,917 Indians were encountered at U.S. borders which is a fivefold increase from 2019-2020.

Border Crossings: Southern vs. Canadian Routes

Of nearly 97,000 encounters in 2023:

• 41,770 were at the Southern border, a major entry point for global migrants.
• 30,010 were at the Canadian border, which has vast unguarded stretches.

Experts note that many Indian migrants prefer crossing the Southern border rather than waiting for visas in India.

The Perilous Journey to the U.S.

The journey to the U.S. often spans multiple continents. It is facilitated by various smuggling networks. Common routes include:

1. India → Middle East or Europe
2. Europe → Africa or South America
3. South America → Mexico → U.S. border

Many migrants endure treacherous conditions. And they often end up in limbo due to overwhelmed immigration systems. A tragic example is the death of a four-member Indian family from Dingucha village, Gujarat. They had froze to death on January 19, 2022, while attempting to cross the Canada-U.S. border illegally.

Challenges at the U.S. Border

The U.S. immigration system is overwhelmed with long backlogs and insufficient resources. Unlike Mexican migrants who can be turned back immediately deporting Indian migrants is diplomatically quite complex. This often leads to extended stays while awaiting asylum hearings.

Key Factors Driving Human Smuggling from India to the U.S.

Experts attribute this surge to:

• Global migration trends post-pandemic
• Political and religious oppression of minorities in India
• Advanced smuggling networks offering illegal passage
• Extreme visa backlogs limiting legal immigration

Scholars suggest that worsening conditions for Sikhs, Muslims and Christians in India contribute to rising asylum claims. The 2020 farmer protests in Punjab and economic instability have further fuelled migration.

The Role of Social Media and Smuggling Networks

Smugglers pose as travel agencies and then they mislead hopeful migrants with false promises spread via Facebook, WhatsApp and advertisements in Indian villages. Many people sell their life savings to fund these journeys because they are unaware of the extreme risks.

The Business of Human Smuggling

Human smuggling is a low-risk, high-profit trade for the criminal networks. Indian youth who are desperate for opportunities, fall prey to agents and they end up in dire conditions. Eventually they end up working in ammunition dumps, hazardous fields or undocumented laborers in foreign lands. This business has become more organized because it involves transnational mafias. It makes it imperative for India to take decisive action in such situations.

The Brutal Reality of Human Smuggling

Human smuggling is an organized crime that thrives on false promises and deception. Young migrants often fall victim to inhumane conditions like:

• Suffocation in containers
• Death in scorching deserts
• Drowning at sea
• Forced labor in slave camps

Survivors often recount horrifying experiences like being trapped in filth, deprived of food and water and witnessing death of fellow migrants die. Their bodies are discarded at sea or on roadsides. The immense profits that get generated from this trade fuels corruption and organized crime. It is a deadly business that requires urgent intervention.

Flaws in the Legal Framework

India’s current legal framework is inadequate in addressing human smuggling. The Emigration Act, 1983, which governs overseas migration, fails to define human smuggling or even address its dangers. Parliament must urgently frame a new and comprehensive law to combat this crisis.

Punjab’s Attempt to Curb Human Smuggling

The Punjab Travel Professionals Regulation Act, 2012 was enacted to regulate travel agents and curb illegal migration and human smuggling. It provides for:

• A licensing regime for travel agents
• Penal provisions for fraudulent activities
• A broad definition of human smuggling, including illicit transportation of persons abroad through deception

This law is commendable but its enforcement remains weak so it is not quite effective.

Addressing Illegal Migration and Human Smuggling

Experts suggest numerous strategies to curb illegal migration. These are----

• Strengthening labour policies and expanding employment programs like Skill India.
• Bilateral agreements such as the India-UK Migration and Mobility Partnership for safer legal migration routes.
• Awareness campaigns in high-emigration states to educate individuals on legal migration options and the risks of fraudulent schemes.
• Stricter enforcement against human smuggling networks.

The Mirage of the American Dream

Illegal migrants often find themselves trapped in a cycle of uncertainty. This is due to the following:

• Precarious Existence: Undocumented workers live in the fear of deportation and they lack legal protections.
• Exploitation: Many people take up low-paying, exploitative jobs that barely sustains them.
• Social Alienation: Racism and integration challenges make their survival even harder.

Despite these challenges migration continues and it underscores the deep-rooted issues.

Deportation and Human Rights Concerns

The United States has deported thousands of Indians in recent years. This is legal but the manner of repatriation raises many concerns:

• Dignity in Deportation: The process of Handcuffing and shackling migrants resemble to that of criminal extraditions rather than administrative procedures.
• International Criticism: Countries like Colombia and Mexico have protested similar treatment of their citizens and they have advocated for humane repatriation.
• Diplomatic Implications: India’s response to such treatment reflects its global standing and commitment to its citizens abroad.

Key Issues and Policy Considerations

Several questions emerge:

• Should democratic nations treat deportees with more dignity?
• Can border enforcement justify human rights violations?
• How can India ensure that its citizens are treated fairly in foreign lands?

India must advocate for humane deportation procedures while simultaneously addressing the root causes of migration.

Making India a Land of Opportunity

To curb illegal migration, India must:

• Generate Sustainable Employment: India needs to strengthen industries, MSMEs and startups to create domestic opportunities.
• Enhance Educational and Vocational Training: India needs to align its skills with global standards to ensure employment within India.
• Address Agrarian Distress: India has to support its farmers with better policies, MSP guarantees and diversification options.
• Promote Inclusive Growth: India needs to ensure that there is equitable access to opportunities so that migration becomes a choice, not a necessity.

Way Ahead: Need for a Strong National Law Pertaining to Human Smuggling

A comparison of the Emigration Act, 1983 and the Punjab Travel Professionals Regulation Act, 2012, reveals that while both have regulatory mechanisms But they do not directly tackle human smuggling. Punjab’s law is a step forward but a comprehensive national law is needed to control illegal migration and regulate borders and dismantle human smuggling networks.

Parliament must act decisively to protect Indian lives from falling prey to human traffickers. A strong central law with strict enforcement measures is crucial to curb this multi-billion-dollar criminal industry and ensure that no Indian suffers the horrors of illegal migration.

Conclusion

India’s ambition should not just be to produce global talent but to retain and nurture it within the country. By fostering a thriving economic ecosystem, India can become a destination where its citizens choose to build their futures and not flee. If right policies are implemented India can truly be a land of hope where prosperity is a homegrown reality rather than a foreign aspiration. 

PRACTICE QUESTION Q.Analyze the factors driving illegal migration from India to the U.S. and assess India's legal response. 250 Words.