ILLEGAL MIGRATION

Posted 15 Feb 2024

Updated 22 Mar 2024

5 min read

Why in the news?

Gujarat Crime Investigation Department (CID) is probing the case of possible illegal immigration related to the Nicaragua-bound plane carrying Indians, which was grounded in France.

About Illegal Migration

Illegal migration refers to trans-boundary migration of people from one country to another without valid documents, using illegal means.
In Indian context, as per Citizenship Act, 1955, an illegal migrant is defined as, a foreigner who enters India,
- without a valid passport or other prescribed travel documents, or
- with a valid passport or other prescribed travel documents but remains in India beyond the permitted time period.

Reasons for illegal migration

Economic Factors: These include poverty, lack of economic opportunities, stagnation of income, etc., that may force an individual or a group to look beyond their home country for better Economic opportunities.
Better standard of living: Real or Perceived promise of better opportunities in destination countries.
- E.g., the promise of ‘The American Dream’ still attracts lot of migrants both legal and illegal towards U.S.A.
Human Trafficking networks: Smuggling of migrants is a highly profitable illicit activity with a relatively low risk of detection.
- As of October 2023, 2925 illegal agents have been notified in India through the e-Migrate portal.
Political and religious persecution: This has led to refugees and illegal immigrants from Tibet, Afghanistan, Sri Lanka, Myanmar, Pakistan, and Bangladesh finding shelter in India.
Overpopulation: This may lead to crisis of living space. E.g. In countries like Bangladesh where high population density has led to illegal migration in North eastern States of India.
Natural Disasters: This may force people to migrate for survival and better living conditions.
- E.g., Illegal migration from Sahel region of Africa due to frequent droughts.
- Frequent floods and cyclone in Bangladesh force migration of people to India.
Existing Social Networks: Social networks established by previous migrants attract more migrants from similar communities, often resulting in migration through illegal routes in absence of other options.

Impacts of Illegal Migration

Economic Exploitation: Illegal and undocumented migrants lack legal safeguard and thus are prone to informal, temporary or unprotected jobs and even forced labour.
Violation of Human Rights: Illegal Migrants are vulnerable to multiple inhumane conditions and criminal offences like assault, rape or extortion during their arduous journeys or at the destination region.
Risk of Detention and deportation: Illegal migrants face constant fear of being deported by the authorities and may also be mistreated during detention.
- E.g., Detention centers of US for illegal migrants, are often alleged to have poor living conditions impacting physical, mental, social health of detainees including children.
Social Tensions: Large scale illegal migration may distort existing demography and pose a threat to existing socio-cultural identity.
- E.g. Threat to Assamese identity due to illegal migration from Bangladesh has given rise to various socio-political tensions in Assam.
Facilitates Organized Crimes: Often organized criminal groups are involved in smuggling migrants across borders (e.g. US-Mexico Border).

Initiatives Taken to counter illegal migration

'Surakshit Jayen Prashikshit Jayen' campaign: Initiative of Ministry of External Affairs (MEA) to raise awareness of using safe and legal channels while traveling for employment abroad.
Migration and mobility partnership agreements: Such agreement with countries e.g., France, seek to encourage legal and orderly migration, assure the return of identified illegal migrants to their country and combat irregular migration.
Border management: To restrict infiltration of illegal immigrants. Initiatives include,
Physical infrastructure in the form of border fencing, floodlighting etc.
Comprehensive Integrated Border Management System (CIBMS), a technological solution to improve situational awareness along border areas.
Regular patrolling and anti-tunneling exercise by Border Security Force, Assam Rifles etc. to stop illegal infiltration.

Global Initiatives

Global Compact for Safe, Orderly and Regular Migration: Global agreement under International Organization for Migration (IOM) on a common approach to international migration in all its dimensions.
One of its objectives is to, ’Prevent, combat and eradicate trafficking in persons in the context of international migration’.
Protocol against the Smuggling of Migrants by Land, Sea and Air, under the United Nations Convention against Transnational Organized Crime (UNTOC).
Organizations such as the International Criminal Police Organization (INTERPOL) support the efforts of national police authorities in breaking up the criminal networks behind the smuggling of migrants.

Challenges in Tackling Illegal Migration

Lack of data: Centre in an affidavit filed in SC held that ‘clandestine and surreptitious’ manner of entry of illegal migrants makes it difficult to have an accurate data collection.
Porous Borders: It facilitates the flow of illegal migrants across multiple countries using Donkey routes/flights.
Poor regulation of travel agencies: It has led to cropping up of unscrupulous travel and placement agents running illegal operations, particularly in regions where demand for moving abroad is high.
Coordination issues: Cross country dimension of international human trafficking networks requires extensive International cooperation of law enforcement agencies.
Involvement of organized criminal groups: Organized criminals have established professional networks that transcend borders and encompass all regions.
Legal shortcomings: Absence or inadequacy of national legislation to address the smuggling of migrants in many parts of the world.

Way Forward

International Cooperation: Transnational nature of illegal migration mandates an institutional mechanism for cooperation, data exchange, safeguarding human rights etc. in context of Illegal migration.
Combat human trafficking: Better coordination of law enforcement agencies under ambit of INTERPOL, to dismantle criminal networks behind human trafficking and migrant smuggling.
Capacity development of local law enforcement: To detect and prevent illegal migration and safeguard migrants in vulnerable situations.
Countering Organized crime: UNTOC can help in addressing the involvement of organized groups.
Demarcate between Refugees and Illegal migrant: India, since ages has been a host to refugees fleeing politico-religious persecution.