📍नई दिल्ली | 3 months ago
Illegal Indian Immigrants: With the Donald Trump taking over as the President of US, one of his first announcement over illegal immigrants has raised concerns over millions of illegal undocumented residents and their future.
According to an estimate, US has around 11.7 million illegal residents without proper documentation.
Trump, who had made illegal immigration one of his key campaign issues, has taken this up as a priority.
A significant number of Indians have been repatriated from the US, with around 1,100 individuals returning between October 2023 and September 2024 through charter and commercial flights. This development comes amidst a substantial increase in deportations of Indians from the US, with numbers rising five-fold in four years, from 292 in 2021 to 1,529 last year, as per ICE’s 2024 Annual Report.
Illegal Indian Migrants: अमेरिका में अवैध घुसपैठ पर ट्रंप सख्त; डंकी रूट से यूएस गए 18,000 भारतीयों को वापस लाएगा भारत!
The Indian government is keen on maintaining friendly relations with the US, particularly under the new administration. A key area of concern is the protection of student visas and the H-1B program, which is crucial for skilled Indian workers. Interestingly, Indians accounted for nearly 75% of all 386,000 H-1B visas granted in 2023.
US has been deporting individuals to various countries, including India, as part of its efforts to enforce immigration laws.
INDIA’S STAND ON ILLEGAL INDIAN IMMIGRANTS
Ministry of External Affairs spokesperson Randhir Jaiswal on Friday had said India is against illegal immigration as it is connected to organised crime.
“For Indian nationals, whether in the United States or elsewhere, if they are overstaying or residing in a country without proper documentation, we will bring them back, provided the necessary documents to verify their nationality are shared with us,” Jaiswal said.
WHAT DOES INDIAN LAW SAY ABOUT ILLEGAL MIGRANTS
First and foremost requirement under the Indian law is to analyse various factors of an Indian illegal migrants – circumstances of migration, conduct abroad and whether they have violated any indian or international law.

VIOLATION UNDER THE PASSPORT ACT
- Section 12 of the Act states that leaving India without a valid passport or travel document may lead to penalties, including imprisonment of up to 2 years and a fine.
- If an Indian citizen traveled abroad using fraudulent documents, they might face additional charges for forgery under the Indian Penal Code (IPC).
OFFENCE COMMITTED ON FOREIGN LAND
- If the individual committed criminal offenses in another country (e.g., working illegally, overstaying visas), they might face prosecution there before being deported.
- Indian authorities could investigate their activities to ensure no national security concerns or international violations are involved.
WHAT ACTION INDIA CAN TAKE ON RETURN
- Re-entry Verification: Authorities may verify the individual’s identity, travel history, and documents upon return.
- Deportation Record: If the migrant was deported, Indian authorities might scrutinize their record for potential violations of Indian laws.
- Interrogation: Returnees might be questioned by Indian immigration and intelligence agencies about their activities abroad, particularly if they come from sensitive regions.
- Charges that can be imposed: Offenses like using false documents, human trafficking involvement, or working abroad without authorization could result in prosecution.
- Use of Forged Documents: If forged documents were used, the individual could face charges under the IPC for forgery and cheating.