Deportation of handcuffed Indian immigrants from the USA to India, Need to extend Indian Consular help to them for legal advice

Indian Immigrants Deportation

To

Dr. S. Jaishankar

Union Minister for External Affairs

Dear Dr Jaishankar,

I write this in continuation of my earlier letter of 6th January 2025 on the plight of Indian immigrants deported by the USA in a humiliating manner ()

I am not sure whether the External Affairs Ministry has an accurate estimate of the number of Indian immigrants in the US facing the threat of deportation. According to some estimates, the number could be as high as 3,75,000 or the number may be as high as 7,00,000 (https://www.business-standard.com/finance/personal-finance/illegal-immigrants-in-us-does-detention-lead-to-automatic-deportation-125030700833_1.html)

While the burden is on India to address the root cause for so many Indians trying to enter the US by undertaking hazardous travel through several South American countries, while the Centre and the States have the responsibility for taking immediate measures to put an end to such migration, once an Indian migrant is found to have been in the US, prima facie in violation of the local laws, he/she would have certain basic rights that need to be recognised and safeguarded by Indian authorities by making sure that the concerned immigrant has adequate access to legal help (https://www.business-standard.com/finance/personal-finance/illegal-immigrants-in-us-does-detention-lead-to-automatic-deportation-125030700833_1.html). Also, as referred by me earlier, there are globally accepted conventions to ensure that immigrants, even if they are in a country illegally, are treated humanely, without violating their dignity.

I would appeal to the External Affairs Ministry to get an accurate estimate of the number of illegal immigrants in the USA and elsewhere and provide Consular assistance to them suo moto to make sure that they are made aware of their rights and, if necessary, they have the necessary legal assistance, whether they are in the US, or in other countries like Panama and Costa Rica. One basic right that a migrant resident of the USA has is to have an opportunity to represent on his/her behalf, before being subject to deportation, which appears to have been summarily denied by the authorities in the USA (https://www.bbc.com/news/articles/cx2gjjrzm54o). 

There  are women and children who have special rights, globally recognised, that have also been denied similarly.

Thousands of authorised/ unauthorised travel agents are flourishing in India, who mislead prospective immigrants into spending their life’s earnings to go overseas in the hope of a  brighter future. It is your Ministry that issues passports to them. Therefore, the Ministry ought to keep a vigilant eye on the regional pattern of such passport holders and their movement.

As pointed out by me in my earlier letter, the “Donkey Route” of immigration to the USA is no secret, as the same has been vividly depicted in the Bollywood movie, “Dunki”. Your Ministry cannot pretend to be ignorant of it, as it has been in vogue for more than a decade.

In addition to Indian immigrants going to the US, there are some who have even gone to Russia and Ukraine as mercenaries to take part in war. I am not sure whether your Ministry endorses it in principle and whether it has taken any steps to counter such movement.

While the illegal presence of  immigrants in other countries may be objected to by those countries, India cannot treat them as “non-citizens” to be left entirely to their fate. We have the responsibility to safeguard their rights to which they are entitled.


May I request the Ministry of External Affairs, in consultation with the other concerned Ministries, to come up with an explicit policy on safeguarding the rights of migrants in other countries and on the ways and means to prevent exploitation of youth by local agencies?

Regards,

Yours sincerely,

E A S Sarma

Former Secretary to the Government of India

Visakhapatnam

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