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India-U.S. Immigration Dilemma: Experts highlight legal gaps, human rights concerns, economic realities

Babushahi Bureau

Chandigarh, March 7, 2025 – Immigration remains a complex and evolving global phenomenon, shaped by economic aspirations, political pressures, and human rights concerns.

This was the central theme of an expert forum on "India–U.S. Relations: Revisiting Immigration and Its Impact on Diaspora and Aspirational Youth," organized by the Centre for Advanced Studies in Social Science and Management (CASSM) at CU-IDC Chandigarh Campus.

The plight and aspirations of the immigrants could not draw attention to the needs of the population migrating in hordes, violating laws and social bindings to risk their lives for a distant future. The focus of state agencies continues to be on tightening immigration controls and upgrading the legal response to detention, investigation and prosecution. But the human angle of why this is happening and how to respond to human rights violations and protect trafficking victims is addressed only in passing. Punjab has been a principal source of emigration and provides lucrative business opportunities for both the legal and illegal emigration trade. These were the views expressed by Prof. Pramod Kumar, Chairperson of IDC Chandigarh.

He further highlighted that the primary driving force behind immigration, particularly to the United States and Canada, is shaped by pull factors encapsulated in the so-called 'Foreign Dream' and the need to meet labour shortage. For the country of destination, it is a kind of 'Want and Need Paradox', i.e., "We need you, but we don't want you."

It was pointed out that the inhuman treatment met out the deportee tied in shackles, stated Dr Shuchi Kapuria. Reflecting upon the statistics, The Department of Homeland Security (DHS) estimated 220,000 illegal Indian immigrants in the US, i.e., nearly one of every four Indian immigrants in the US is unauthorized. As per DHS, the population of illegal Indian immigrants in the US grew from 28,000 in 1990 to 120,000 in 2000, surged to 270,000 in 2010, peaked at 560,000 in 2016, and then declined to 220,000 in 2022. 

The developing countries are the main sources of guest workers and illegal immigrants. In the year 2023, 96917 and in 2024- 90415 Indian entering illegally were caught. Currently, there are 425957 Indians undocumented. The number of Indians deported since 2015 was 311, which increased to 2312 in 2020 and 1529 in 2024.
 

Reflecting on India-U.S. relations, Dr Van Dyke emphasized evolving India-U.S. relationship centring on diplomacy, immigration, and economic ties, with PM Modi prioritizing bilateral engagements to bolster India's global standing. She further expressed her views on the Indian diaspora, particularly skilled professionals, which has significantly influenced US tech and business sectors, exemplified by the rise of Indian-origin CEOs and recent shifts in US immigration policies, particularly under the Biden and Trump administrations. Despite challenges, India continues to strengthen its global position through strategic partnerships.

The experts' opinionate, in reference to the recent deportation events, that employing a military aircraft to send deportees to a friendly country amplifies the narrative that under Trump, unauthorized migration is seen as akin to an invasion. 

The Trump administration labelled immigration as an 'invasion of America.' And, to control this, the whole government, from the Department of Defense to Revenue services, have been unleashed. Illegal migration has increased manifold as the US legal system is tough towards low-skilled workers. 

The immigration policy since 1952 gives high priority to close family connections and high-skilled immigrants. The deportation of illegal workers in a military aircraft sends the message that the USA perceives illegal migration not just as a legal violation but as a national security threat, reinforcing the narrative that unauthorized entry to the US would be treated as an act of aggression rather than a humanitarian or economic issue.

Prof Yoshida highlighted Japan's strict immigration policies and geopolitical ties with India, while Prof Ronki Ram analyzed Indian migration patterns, highlighting economic impacts, caste divisions, and labour exploitation.

 Sharing field-based insights, Prof Ram interpreted that the nature of transit is highly shaped by the socio-economic stature of individuals, as aspiring elite settles down in the US, whereas less privileged are forced to pursue the same objective in their own limited ways and end up becoming the victim of human trafficking networks. 

However, compared to the uncertainty, risks and high cost of illegal migration (ranges between ₹45 to ₹90 Lakhs), legal options like H-1B, L-1, or F-1 visas cost less (₹3 to ₹30 lakh, except investor visa). And why? Because these aspirants are unskilled workers. 

While delivering the valedictory session, Prof Dipankar Gupta explored generational identity shifts among Indian and Asian migrants, highlighting cultural tensions, migration policies, and the influence of civil rights movements in shaping personal and societal identities.

Reflecting upon irregular migration from Punjab and Haryana, Prof Jagdish Mehta highlighted economic struggles, digital platforms involved in trafficking networks, and the need for policy reforms. The forum discussed the issue of the alarming state of asylum applications that increased from 5000 in 2000 to 51000 in 2023, mirroring trends in the UK, Australia and Canada. Punjabi speakers form the largest group among Indian immigrants (66% of cases between 2001 and 2022) and had the highest asylum approval rate (63%), followed by Hindi (58%) and Gujarati speakers (25%). 

Prof. Kuldip Singh highlighted the role of religious groups, mental health associations, and other organizations in supporting migrants in the US and Canada, noting that even wealthy Punjab farmers are increasingly moving abroad for better opportunities.

 In other words, the majority of Indian immigrants come from wealthy Indian states that are able enough to bear the cost of migration; hence, they are economic migrants in search of better opportunities. If so, what is the way out?  

The experts deemed it imperative to locate and address issues and challenges faced by migrants in the process-based genesis of migration, i.e., reintegration of political and legal framework, transnational membership of conventions, regulation of travel agents and coordination between the Ministry of Justice, foreign affairs, labour and women, at the place of origin (sender).

 During transit, legal framework dealing with illegal transit migrants, bilateral and multi-lateral agreements and local collaborators with brokers need to be regulated. 

Finally, at the place of destination, the forum stressed the provision of economic protection of workers in formal and non-formal sectors (regulating recruitment agencies), accountable political response to citizenship and rights for migrants, commitment to multi-culturalism, and access to the criminal justice system as the form of misappropriation and harassment varies for migration (people with claims, legal or otherwise) and trafficking (people without claims, over exploited, liability). 

Professors, including Prof. Osamu Yoshida, Prof. Kenta Funahashi, Prof. Kuldip Singh, Dr Yuko Mori, Prof Harish Puri, Prof Kumool Abbi, Former CS Punjab Ramesh Inder Singh, Subodh Aggarwal, Prof B S Ghuman, Prof Shergill journalists such as Mr Sarabjit Singh, Baljit Balli, Kanchan Vasudev, Inderpreet Singh , Harshabab Sidhu and several administrative officers actively participated in the event.