How will Trump Treat illegal Indians?

What’s in today’s article?

• Introduction
• Why Are Indian Nationals Being Repatriated?
• Legal Pathways for Indian Immigration to the U.S.
• Trump’s Stance on Immigration and Potential Impact on Indians
• Challenges of Illegal Immigration from India
• Future Outlook and Conclusion

Introduction

• On October 22, 2024, the U.S. Department of Homeland Security (DHS) organized a large-scale charter flight to repatriate Indian nationals who lacked legal status to stay in the United States.
• This action, part of a larger effort by U.S. authorities to curb "irregular migration," led to the repatriation of over 1,100 Indian nationals in the previous fiscal year.
• With former President Donald Trump re-elected, his administration has pledged a significant crackdown on illegal immigration, aiming to implement one of the largest deportation operations in U.S. history.
• This move has raised concerns about the fate of Indian immigrants who reside in the country illegally or seek entry through irregular channels.

Why Are Indian Nationals Being Repatriated?

• The U.S. has ramped up efforts to reduce irregular migration, particularly along its borders with Mexico and Canada.
• Indian nationals often attempt to enter the U.S. through the southern border with Mexico, exploiting visa-free entry agreements in certain Latin American countries.
• These countries, such as Honduras and Guatemala, allow U.S. visa-holding Indians temporary stay, which traffickers and irregular migrants use to cross into the U.S.
• Many of these migrants come from Punjab and Gujarat, with some risking their lives through perilous journeys.
• The U.S. Customs and Border Protection (UCBP) reported that nearly 96,917 Indians were apprehended while attempting illegal entry in 2023, a five-fold increase since 2019.

Legal Pathways for Indian Immigration to the U.S.

• Indians seeking legal immigration to the U.S. have several avenues, mostly through employment-based and family-based visas. The U.S. grants approximately 140,000 employment-based immigrant visas annually, divided into five categories:
  • EB-1: For individuals with extraordinary abilities, researchers, and multinational managers.
  • EB-2 and EB-3: For professionals with advanced degrees and skilled workers.
  • Special Immigrants (EB-4): Includes certain U.S. government employees and refugees from conflict zones.
  • Investor Visas (EB-5): For investors who establish businesses in the U.S.
• Each year, thousands of skilled professionals, particularly from India’s technology sector, apply for visas like H-1B to work in the U.S. legally.

Trump’s Stance on Immigration and Potential Impact on Indians

• President Trump has historically adopted a stringent stance on immigration.
• His earlier "Buy American, Hire American" policy, introduced in 2017, led to an increase in H-1B visa denials, affecting many Indian professionals.
• Visa denial rates rose from 13% in 2017 to 21% in 2019 for H-1B applicants.
• Trump's administration also made it difficult for Indian firms to transfer employees under L1 visas, impacting cross-border employment in tech and services sectors.
• With his renewed focus on deporting undocumented immigrants, Trump's policies are expected to impact not only Latin American immigrants but also Indian nationals living in the U.S. without documentation.
• His proposed measures include deploying the National Guard to aid in deportations and potentially invoking the Alien Enemies Act of 1798.

Challenges of Illegal Immigration from India

• The surge in illegal migration from India stems from a mix of economic aspirations and trafficking networks.
• Many Indian nationals, particularly from Punjab and Gujarat, take perilous routes via Latin American countries, often paying substantial fees to traffickers.
• Tragic incidents, such as the 2022 deaths of a family from Gujarat who froze while attempting to cross the U.S.-Canada border, highlight the dangers involved.

Future Outlook and Conclusion

• The Trump administration’s firm stance on immigration is likely to have significant implications for Indian nationals in the U.S., both legal and undocumented.
• Although his primary focus remains on immigration from Latin America, the spill over effects of these stringent policies will affect Indian immigrants as well.
• Indians in the U.S., especially those on temporary work visas, may face stricter scrutiny, while undocumented individuals face an uncertain future.
• This evolving scenario emphasizes the importance of understanding legal pathways for immigration and the risks associated with irregular migration.
• As U.S. immigration policies continue to evolve, Indian nationals aspiring to work or settle in the U.S. will need to remain informed and cautious in navigating these regulations.

Q1. Who is an Asylum Seeker?

An asylum seeker is someone who is also seeking international protection from dangers in his or her home country, but whose claim for refugee status hasn't been determined legally. Asylum seekers must apply for protection in the country of destination—meaning they must arrive at or cross a border in order to apply.

Q2. What is the difference between Deportation and Repatriation?

Repatriation: Act of sending back a person to the country of his/her birth, origin or citizenship by the Government. Deportation: Act of expelling a person from any country by the Government because he/she has committed a crime there or he/she is not officially supposed to be there.

Source: How will Trump treat illegal Indians?