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Illegal Migration and  Migration smuggling

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February 26, 2025

Why in News?

Recently, US government has deported many Indians as they were migrated illegally.

What are Illegal migration and  Migration smuggling?

  • Migration - Migration is the movement of people away from their usual place of residence to a new place of residence, either across an international border or within a State.

Total number of international migrants at mid-year 2024 was 304 million.

The largest migration flows tend to be from developing countries to larger economies, such as the United States, Germany, Saudi Arabia or France.

  • Types of migration - Migration can be categorized as regular or irregular.
  • Regular migration – It  is the movement of people across borders in line with the relevant countries’ rules and procedures.
  • Irregular migration - It is the movement of people that happens outside these legal frameworks.
  • This can include, for instance, entering or staying in a country without proper documentation.
  • Migrant smuggling – It is when an individual or a group helps migrants enter a foreign country irregularly in exchange for money or another material benefit.

Irregular migration

Migrant smuggling

  • Actions of the migrants themselves
  • Smuggling refers to those who facilitate illegal entry for profit.
  • Irregular entry is not smuggling when migrants cross international borders on their own without authorization.
  • Smugglers arrange transport, provide false documents such as fake passports or visas or help migrants cross international borders without proper authorization – for profit.

What are the reasons for irregular migration?

  • Economic factors – Employment, livelihood and higher income.
  • Political Instability - Conflict, persecution, violence

According to UNHCR, more than 117 million people were forcibly displaced globally at the end of 2023, including refugees, asylum seekers and internally displaced people.

  • Lack of legal migration options - Restrictive immigration policies and the lack of legal avenues for migration compel people to migrate irregularly.
  • No eligibility conditions - It requires no technical skill, no educational or professional qualifications, no financial investment.
  • Flourishing rackets - The tradesmen human smuggling thrive on gullible youth who fantasise about making it big with dollar-fuelled dreams.

What are the problems faced by irregular migrants?

  • Exploitation - Irregular migrants and refugees, especially those who are smuggled, often find themselves in fragile situations.
  • Lack of security - They may not have travel documents, may not speak the local language and may be unsure of their rights in the new country .
  • Life risk - Smuggled migrants suffer various forms of violence, abuse and exploitation , ranging from beatings, extortion and rape to disease, detention and even death.
  • Journey risk – They travel being suffocated in containers, perish in scorching deserts, drown at sea or be herded into slave camps to work as forced labour.
  • Economic hardships - Irregular migrants often work in low-paying, informal jobs with little job security and poor working conditions.

What is the situation in India?

  • Illegal Indian immigration to the U.S - As of February 17, the United States has deported 332 undocumented Indian immigrants.
  • Recent trend - Most deportations occurred in 2019 (2,042), followed by 2020 (1,889), and 2024 (1,368).

1

  • Prone regions -  In India, rural Punjab, Haryana, Himachal Pradesh, Jammu and Kashmir, Kerala and Gujarat are prone for migrant smuggling and irregular emigration.
  • Nearly 40% of the illegal Indian immigration to the U.S were from Punjab, followed by Haryana and Gujarat .

2

Existing measures in India to control illegal emigration

Emigration Act 1983

  • It consolidates and amend the law relating to emigration of citizens of India.
  • Emigration clearance - The act requires obtaining emigration clearance (also called POE clearance) from the office of Protector of Emigrants (POE), Ministry of External Affairs for people emigrating from India for work.
  • As of 2017, this requirement applies only for people going to one of 18 listed countries.
  • Protector General of Emigrants - PGE under Ministry of External Affairs is the authority responsible for protecting the interest of Indian workers going abroad.
  • PGE is also the registering authority to issue Registration Certificate to the Recruiting Agents for overseas manpower exporting business.
  • Protector of Emigrants - They are responsible for granting emigration clearance to the intending emigrants.

Punjab Travel Professionals Regulation Act, 2012

  • It provides for the regulation of the profession of travel agents to organised human smuggling in the State of Punjab.
  • Features – It creates a licensing regime for travel agents.
  • It has some regulatory functions to check human smuggling along with penal provisions.
  • Travel agent - It means a person who is doing a profession which involves arranging, managing or conducting affairs related to the sending of persons abroad.
  • Human smuggling - It includes illegally exporting, sending or transporting persons out of India by receiving money from them.

What needs to be done?

  • Parliament must seriously contemplate enacting a national law to control Indian borders to regulate the human smuggling industry and deal with irregularities with an iron hand.
  • Emigration (Overseas Mobility Facilitation and Welfare) Bill shall be enacted.

References

  1. The Hindu | Human smuggling must engage Parliament’s attention
  2. The Hindu | Deportations to India from the U.S.
  3. UNODC | Irregular migration vs. migrant smuggling
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