HOW TO DEAL WITH A HUGE WAVE OF IMMIGRANTS

INTRODUCTION

Developed countries like America, always experienced a huge wave of immigrants for various reasons like political, religious or economic. Countries like India experience immigration during and after the period of instability and war in the neighbouring countries. There are many factors that play a role in the immigration of people. The two kinds of immigration are legal and illegal immigration.

Legal immigration refers to the immigration of a person based on the immigration law of that country. Whereas, illegal immigration includes migration of immigrants to democracy, or continuity of residency by persons without the lawful right to stay in that nation in breach of that country's immigration laws.

Immigration law relates to the national laws, rules and precedents regulating immigration and deportation from a region. Technically, it separates itself from other topics, such as naturalization and citizenship. Immigration policies vary from the broader to the intensely conservative and authoritarian, due to the social and political environment of the period. The acceptance of immigrants differs from the broadly inclusive.

Even after establishing immigration laws, there are millions of cases of illegal immigration. The push and pull factors play an important role and even lead to many negative factors for a country like overpopulation.

PUSH AND PULL FACTORS

Push factor means when people move away from their home for reasons like war or economic reasons, etc. Poor people get attracted to rich society and move to find a better opportunity to develop their lifestyle. Some even go for education purposes or a better lifestyle. Push factors are mostly noticed in underdeveloped or developing countries since individuals there don’t find satisfaction in their lifestyle as they get attracted towards the lifestyle of communities in developed countries.

Pull factors are the reasons that cause individuals or communities to abandon their homes in the countries of destination. Such considerations are related to the attractiveness of a location which is a position that is attractive for men. More economic prospects, more employment, and a better life expectation also move people to different areas.

Both factors have one thing in common that they both are influenced by the four aspects, i.e., environmental, political, social and economical.

HISTORY OF WAVES OF IMMIGRATION IN INDIA

India recognized its first wave of immigration in the beginning of the 17th century when the East India Company was established in India leading to born of Indian slavery to American society. Till the time of 18th century, Asians were allowed citizenship in India, after the implementation of the Naturalization Act, 1790, they were considered ineligible for the same.

By the time of the 19th century,  many Indians started to immigrate to the U.S. more specifically California. Mostly Punjabi sikhs settled in California. Between 1820 and 1900, around 716 Indian immigrants were found in the U.S.

After India got its independence, Indians started to migrate towards the U.S. In the wave of migration from India to the United States, the start of the 21st century was quite notable. Privatization and liberalization also shifted the whole migrant outflow. The advent of IT in Indian cities such as Bangalore and Hyderabad contributed to a huge number of migrations to the US from the former state of Andhra Pradesh in South India. A small number of immigrants are settled in various areas of the United States from the states of Andhra Pradesh, Telangana, Maharashtra, Punjab, Tamil Nadu, Karnataka and Kerala. More than 80% of all H-1B visas are Indians.

ILLEGAL IMMIGRATION IN INDIA

Numerous tens of millions of undocumented immigrants are believed to be residing in India. There are no reliable estimates, but ten million of them are from Bangladesh, 10 million from Pakistan and Afghanistan, and some from other countries. 20 million illegal immigrants come from Bangladesh, as per the Government of India. This causes India the most undocumented immigrant nation in the world. At least ten million Bangladeshi citizens crossed India illegally during the Bangladesh Independence War, to take refuge of the systematic rape and violence. At least 1.4 million Bangladeshi have entered into India over the last decade, as per the Ministry of Home Affairs of India.

The question arises is how India dealt with such a situation, the answer is a barrier. India creates barriers to counter the growth of migration along its eastern frontier. It is 4,000 kilometres long from the Indo-Bangladesh border. Currently, India is raising the border barrier to block illegal Bangladeshi traffic. Bangladesh will practically be separated from India by this challenge. The proposal for the fence would reach 3,6 meters in height and would be based on concepts of the Israeli West Bank. The proclaimed purpose of the fence is for the terrorists to be prevented, smuggling and illicit migration from Bangladesh to be prevented. In order to resolve irregular immigration issues, India's government recently enacted the contentious Citizenship Act (Amendment) of 2019.

IMMIGRATION LAWS IN INDIA

Several laws have been enacted to standardize the citizenship procedure for immigrants, for example:

● The Passport Act, 1920- This Act allows foreigners arriving to India by obtaining visas from India missions. The Act also stipulates such documents that must be displayed during the legitimate journey to the country.

● The Foreigners Act, 1946- This Act governs foreigners entry and residency within the Indian boundaries before they leave the country.

● The Registration of Foreigners Act, 1939 and The Registration of Foreigners Rules, 1992- It allows such foreigners to sign in the Registry Officer who remain beyond their designated visa limit.

There are certain ways in which foreigners registered themselves in India; they are as follows:-

● A visa of student, jobs visa, study visa, and medical visa shall be necessary for foreign nationals visiting for a long duration (over 180 days) (apart from Pakistan and Afghanistan) to register with the Indian Missions / FRRO / FRO within 14 days of arriving. This method has its limitations on other groups of people.

● A visa other than the above forms of foreigners who join India may not declare themselves unless they wish to live longer than 180 days in India. In such a scenario, it is appropriate to file just before the expiration of the term of six months.

● Foreign nationals over the age of 16 years of age are expected to submit to the registration officer concerned in person or by an appointed representative. No registration is required for minors under 16 years of age.

● Foreigners visiting on Entry(X) visa; i.e., dependent visas and business visas planning to live for 180 days are often subject to registration.

● Journalistic visas and other visas are required to register with the FRROS / FRO without any clear endorsements. The visas asking for registration are marked on all Indian missions.

Throughout the Indian Immigration Act, India's government has introduced several important amendments such as:

● When you apply to the Ministry of Internal Affairs, any tourist with a work visa will be able to alter his or her boss.

● A dependent  visa or (X) visa may be transformed into a visa of employment provided the validity of the spouse's status as a X visa holder.

● The PIO cards and the PIO (Peoples of Indian Origin) cards are combined in compliance with the decree passed on 9 January 2015.

[The author is Deeksha Karunakar, 4th year law student of Law College Dehradun, Uttaranchal University.]

• Hindustan Times, “'More Illegal Immigrants from Afghanistan than Pakistan' - Hindustan Times” (http://www.hindustantimes.com/)
• Buerk R, “Programmes | From Our Own Correspondent | Villagers Left in Limbo by Border Fence” (BBC NewsJanuary 28, 2006)
• Ghosh P, “India's 'Mexican' Problem: Illegal Immigration from Bangladesh” (International Business TimesNovember 8, 2012)
• “Two Crore Illegal Bangladeshis Living in India: Government” (The Indian ExpressNovember 16, 2016)
• Athulya, “Immigration Laws and Policies in India” (VakilsearchMarch 6, 2020) <https://vakilsearch.com/advice/immigration-laws-policies-india/> accessed April 4, 2020.