Home ‘‘the snail in the bottle" Cancer of immigration crisis : India and the world

Cancer of immigration crisis : India and the world

March 15, 2024

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This article has been written by Harshit Yadav pursuing a Diploma in US Corporate Law and Paralegal Studies course from LawSikho.

This article has been edited and published by Shashwat Kaushik.

Table of Contents

Introduction

In the modern world, the immigration crisis has become a cancer-like disease for countries in one way or another, just like cancer harms the body by starting with a tumour at one place and then becoming malignant, transferring to other parts/organs of the body, and starting to multiply, thus damaging the body. Similarly, an immigration crisis occurs like cancer in a country, starting with the uncontrolled, unauthorised, and unregulated growth of immigration and turning into an economic, social, and political crisis in the country.

Today, almost the whole world is suffering from the immigration crisis. As of now, the US elections are on the horizon, and the immigration crisis is the main agenda for political parties and leaders not only in the USA but also in Europe.

India plays a key role in the crisis as the world’s largest origin for international migrants. We are going to try to answer the tough questions about the immigration crisis, India, the world, and its potential solutions.

Understanding immigration and immigration crisis

Immigration means the process of moving from one country to another to stay, work, or study. An immigration crisis occurs when immigration becomes uncontrolled, unauthorised, and unregulated in a country. The immigration crisis has negative effects on countries’ economic, social, and political health. Sometimes it also compromises the country’s security. There are an estimated 272 million international migrants around the world. That equals 3.5 percent of the world’s population. It already surpasses the projection for 2050.

Global case studies on the immigration crisis

The USA

The United States of America is a classic example of an immigration crisis in today’s world. This year, an unprecedented number of immigrants arrived in the USA from the USA–Mexico border alone, which is 2.5 million. The USA has the largest number of migrants in the world, with 51 million in the year 2020, leading the world in this measure by a wide margin.

History of immigration in the USA

The history of immigration goes back to the Ice Age concerning the USA. The first immigrants came to North America from Asia in the Ice Age at least 20,000 years ago; they were the ancestors of Native Americans. Then came the Europeans, crossing the Atlantic Ocean. By the early 1600s, the Europeans had settled their colonies in the USA, including the Spanish in Florida, the English in New England and Virginia, and the Dutch in New York, among others. Pilgrims and Puritans came to the USA seeking religious freedom.

Forced and voluntary migration

Individuals arrived in British colonies via two very different paths. Some were forced to move, while others came voluntarily. Forced individuals came to the USA through slavery or transportation. The British brought immigrants to the USA through slavery and others through transportation, a criminal term for forced emigration that allowed Britain to expel its socially undesirables, criminals, and others as a way to populate their North American colony. In practice, those who were sentenced to death were asked either to be transported to North America or to hang. By 1717, the Transportation Act granted English courts the ability to sentence convicts to transportation, thus streamlining the process. Those who came voluntarily sought cheap land, new work, and a new life, among other reasons.

Immigration after independence [1776-present]

After gaining independence in 1776, the USA began granting citizenship to white men of good character through the Naturalisation Act of 1790. This was followed by waves of immigration, starting with the Irish wave of immigration in 1815, then Chinese immigration in the 1850s, and later Mexicans filling the labour shortage in World War II. People have continued migrating to the USA in pursuit of the American dream, especially post-2000.

Making of a crisis

There was a time in the history of America when immigrants played a vital role in their economy. Slogans like “immigrants make America great” are often being raised in the US elections. But now immigration has become a problem for the USA between October 2022 and September 2023. There were 3.1 million attempts of border crossing along the southern border. Of that, an estimated 600,000 migrants were able to cross the border undetected, according to the Department of Homeland Security. The U.S. government had 2.5 million migrant “encounters,” 83 percent of which occurred between designated ports of entry, often in dangerous, remote locations like the Sonoran Desert. Over half a million migrants were expelled under Title 42, a policy enacted during the pandemic that allowed border officials to expel migrants without a deportation hearing. The Biden administration lifted the policy in May 2023. Most were processed under Title 8 immigration law, which covers a wide range of issues, including asylum, visas, refugees, and deportations. Almost 200,000 were placed into expedited removal proceedings, usually because of a criminal record or a prior border apprehension. Others voluntarily left to avoid further processing. Many were given humanitarian parole. Almost 1.5 million cases were registered with the immigration court in the last fiscal year. There are about 1.3 million deportation orders.

Impacts of immigration

As we have established, the immigration crisis occurs with an increase in illegal or unregulated immigration. Here are some of the impacts of immigration on the USA-

Strain on public utilities

Illegal immigrants mostly use public utilities like buses, parks, subways, public schools, and health facilities, but they don’t pay taxes for the maintenance of these utilities.

Ready supply of cheap labour

Illegal immigrants are mostly desperate for jobs and income, so they are ready to work for less money, which ideally fulfils the labour shortage and also provides cheap labour. However, the downside is that it increases corporate crimes like exploitation of labourers, bondage, slavery, debt traps, etc., and these migrants can’t even sue the employer.

Loss of tax revenue

Illegal immigrants get away with taxes as they don’t have any documents that make them pay taxes.

Loss of jobs for citizen

Illegal immigrants also take jobs from the local citizens, as they are cheaper and easier to get.

Rise in criminal activities

While many came for employment and a better lifestyle, most of them are also engaged in criminal activities, and a few of them are even involved in terrorism. The MS-13 gang, which is composed of Central American immigrants, is a classic example of immigrants turning into criminals. It is also considered one of the most dangerous gangs in the world.

Overcrowding

Illegal immigrants also cause overcrowding in the cities.

Increase budget deficit and government debt

Related to the welfare argument is the argument that immigrants consume more government benefits than they generate in tax revenue. The empirics on this are fairly consistent—immigrants in the United States have about a net‐zero impact on government budgets.

Increased economic inequality

Illegal immigrants also increase the economic inequality of a country, as they are generally economically weaker than the original citizens of the country but are present in large numbers, thereby increasing economic inequality.

Reasons for migrants flowing to the USA

Haiti crisis deepens

The crisis in Haiti is deepening and becoming worse day by day with increasing instability, disease outbreaks, natural disasters, high fuel costs, high rates of unemployment, etc. making people of Haiti move to the USA through a life-endangering journey in the hope of having a new and better life.

Northern triangle exodus continues

Over 541,000 of the more than two million migrants who arrived at the southern U.S. border in fiscal year 2022 (FY2022) hailed from the so-called Northern Triangle countries of El Salvador, Guatemala, and Honduras. After decades of civil war and political instability, the Northern Triangle countries have among the lowest economic output and highest homicide rates in Latin America. Criminal violence was on the rise in 2022, and El Salvador’s sudden spike in gang violence led to a sweeping government crackdown.

Immigration backlog hits all-time high

The backlog of cases pending in U.S. immigration courts currently sits at almost two million—the most in history. From just over 186,000 cases in FY2008, the backlog began accelerating under Presidents Barack Obama and Trump before soaring during the Biden administration. Making people illegally immigrate to the USA. Legal analysts have largely attributed the surge in cases to staffing issues; the COVID-19 pandemic, which temporarily halted in-person services and processing; and a deluge of new court filings that began in late 2021. Wait times for a hearing now average almost five years, including for migrants seeking asylum or other emergency humanitarian relief. Meanwhile, the average caseload for immigration judges has grown, with some having as many as five thousand pending cases on their dockets.

Smuggling of people to the USA increases

In recent times, people have also been lured to the USA by smuggling cartels. They lure people from unstable countries towards the USA, promising them to give them the life they dream of, to take money from them, and then traffic them to the USA. This is a cartel working in many countries, including India.

Indians migrating to the USA

There are several push factors, such as the lack of sufficient job opportunities and economic prospects in India, that prompt individuals to seek better employment prospects abroad. Social conflicts or a lack of confidence in the governance structure in India may drive some individuals to seek a more stable environment elsewhere. The US’s reputation for offering better employment, higher wages, and career advancement acts as a significant pull factor for migrants. The enticement of quality education and prestigious academic institutions in the USA attracts students and families seeking educational opportunities. Desires to reunite with family members or relatives already settled in the USA drive some migrants to seek illegal entry for proximity to loved ones.

Europe

Europe has a long history of immigration, starting with the first immigration during prehistoric times, when people from Africa and Asia migrated to Europe during 4000-1000 BCE. Then the infamous slave trade by European colonisers like England, Spain, Portugal, etc. forced immigration during wartime to people illegally migrating to Europe for their dream, better future, and some in the hope of saving their lives.

Germany

Germany is one of the countries in Europe where immigration is a main issue nowadays. The migration flow in Germany started with the 30 Years War [1618-1648] which led to a serious reduction of the German population in some regions. After that, during WW2, many people fled Germany and many entered due to forced labour. Many people are moving to Germany to have a better European life, which is causing a crisis in Germany, especially after the border crackdown. Many Afghan migrants who fled Afghanistan amid the Taliban takeover after the USA left were now moving into Germany from Poland’s borders, along with refugees from Ukraine. After the crime spike due to immigrants, the economic burden, and the spread of Islamic terrorism, Germany is now pushing new immigration policies and planning for mass deportations. Germany has now joined hands with Italy, by shutting its doors and outsourcing its immigration crisis.

Italy

Italy is another country currently facing a tough immigration crisis. PM Georgia Meloni thinks that refugees are the problem and started a cold war with the Islamic migration by stating, “Islam is not compatible with Europe”. She also started the deportation programme and advocated the complete naval blockade as thousands of people migrated to Italy by sea. She started deporting or outsourcing the migrants through a 3^rd country solution, shipping thousands of migrants to Albania as Italy processed their asylum documents.

UK

The United Kingdom is another example of Europe’s migrant crisis, and it was one of the reasons for Brexit. Now, according to British PM Rishi Sunak, migrants are terrorising and weaponizing the streets of the UK. Britain adopted the Rwanda Policy to deal with the migrant crisis by transporting or deporting the migrants to Rwanda. This involved sealing the deal for 120 million pounds with the Rwandan government so that the UK could ship the migrants to Rwanda until their asylum application was reviewed.

Sweden

Sweden is experiencing a gang war. In the last decade, Sweden had the lowest gun violence rates, but now it has the second highest in Europe. Sweden is facing a crisis due to its poor handling of immigration. Now, Sweden has become the gun capital of Europe, with gangs predominantly run by migrants in Sweden. Now Sweden is also joining Europe’s war with the immigration crisis.

India and its immigration crisis

India, also known as Bharat or Hindustan, was once called Aryavarta in history. The name Aryavarta is connected to the Aryan invasion theory, which 21st-century science has debunked, challenging 19th-century ideology. Recent developments suggest that people of Indian origin migrated to Europe 5,000 years ago. Additionally, archaeological findings prove that Indians were present globally, as Hindu idols have been excavated around the world, from Saudi Arabia to Mexico to Germany. This evidence supports the idea that Indians have been migrating for thousands of years. Records from the 19^th century proved that Indian ethnic groups had settled their communities on almost every continent.

India is the country with the largest diaspora and one of the countries with both immigration and emigration crises, with people leaving and coming to the country at the same time, making the Indian government restless and tense.

India has the largest diaspora, with over 18 million people living outside India in 2020. Leading the world with the largest diaspora, India is facing two-way problems: firstly, with people leaving the country, and secondly, with people coming to India.

People leaving the country

This started with the immigration of the people during colonial rule, when the Britishers took Indian slaves to Western countries, including Europe, Africa, and America. Since then, people have been continuously moving out of the country. Various factors are making people move out of the country. Some of the factors are:

Push factors- Adverse economic conditions as a consequence of poverty, unemployment and exhaustion of resources
Pull factors- The factors that attract migrants towards an area are high wages, a better life, etc.
Socio-cultural factors-
- Marriage- Marriage is the main factor in migration among women.
- Caste- Caste-based discrimination and violence are also reasons for migration.
- Religion- Religious discrimination and religious-based violence also cause individuals to migrate.
Political factors- Political factors such as political instability, political violence, separatist movements, etc. are the reasons for the politically caused migration.
Environment factor- Environment factors such as natural disasters, exhaustion of resources, etc. are the reason for the migration.

Consequences of migrations

Migration has both positive and negative consequences, such as economic consequences like remittances and demographic consequences that lead to redistribution of the population in the country, etc.

Immigration laws in India

The Immigration Act of 1971 is the primary legislation governing immigration in India. This act establishes the legal framework for the entry, stay, and departure of foreigners in India, and it also provides for the establishment of the Bureau of Immigration (BOI), which is responsible for enforcing the immigration laws.

The BOI is responsible for issuing visas, permits, and other documents that allow foreigners to enter and stay in India. It also conducts background checks on visa applicants and maintains a database of all foreigners who are present in India.

The immigration laws of India are subject to regular review and amendment. In recent years, there have been a number of changes to the laws, including the introduction of a new electronic visa system and the streamlining of the visa application process.

Key features of India’s immigration laws

Visa requirements: Foreign nationals from most countries require a visa to enter India. Visas can be obtained from Indian diplomatic missions abroad or online through the e-Visa system.
Length of stay: The length of stay granted on a visa will vary depending on the purpose of the visit. Tourist visas are typically valid for 30 days, while business visas may be valid for up to 6 months.
Registration requirements: Foreign nationals who stay in India for more than 180 days are required to register with the local police authorities.
Work permits: Foreign nationals who wish to work in India must obtain a work permit. Work permits are issued by the Ministry of Labour and Employment.
Deportation: Foreign nationals who violate the terms of their visa or who are otherwise deemed to be a threat to national security or public order may be deported from India.

Recent changes to India’s immigration laws

In recent years, the Indian government has made a number of changes to its immigration laws. These changes include:

The introduction of the e-visa system: The e-Visa system allows foreign nationals from certain countries to obtain visas online.
The extension of the validity of tourist visas: Tourist visas are now valid for 30 days, up from the previous 10 days.
The introduction of a new work permit category: The new work permit category is designed to attract highly skilled foreign workers.

Challenges facing India’s immigration system

India’s immigration system faces a number of challenges, including:

The large number of illegal immigrants: There are an estimated 20 million illegal immigrants living in India.
The lack of a comprehensive immigration policy: India does not have a comprehensive immigration policy that addresses all aspects of immigration, such as illegal immigration, refugee protection, and skilled migration.
The need for more effective enforcement: The Indian government needs to do more to enforce its immigration laws, including deporting illegal immigrants and prosecuting employers who hire illegal workers.

Future of India’s immigration system

The future of India’s immigration system is uncertain. The Indian government is considering a number of reforms to its immigration laws, but it is unclear when or if these reforms will be implemented. It is likely that India’s immigration system will continue to evolve in the years to come, as the country seeks to balance the need for security with the need to attract foreign workers and investment. Several factors contribute to the uncertainty surrounding India’s future immigration system. One key factor is the country’s complex geopolitical landscape and its relations with neighbouring countries. India shares land borders with Pakistan, Bangladesh, Nepal, Bhutan, Myanmar, and China, presenting challenges in terms of border security and undocumented migration. Additionally, India’s strained relationship with Pakistan, in particular, has implications for cross-border movement and visa regulations.

Another factor influencing the future of India’s immigration system is the country’s economic growth and development aspirations. India has emerged as a major economic power in recent years, and the government recognises the importance of attracting foreign investment and skilled workers to sustain this growth. However, there are concerns that overly restrictive immigration policies could hinder economic competitiveness and innovation.

The Indian government has proposed a number of reforms to its immigration system in an attempt to address these challenges. One proposal involves simplifying and streamlining the visa application process, particularly for business travellers and investors. Another proposal aims to create a dedicated visa category for skilled foreign workers in sectors such as technology, healthcare, and finance. Additionally, the government has discussed plans to enhance border security and strengthen enforcement measures to combat illegal immigration.

People coming into the country

India is facing illegal immigration from its neighbouring countries like Pakistan, Myanmar, Afghanistan, Bangladesh, and Sri Lanka. About 7,000 refugees are now settled in the northeastern states of India from Myanmar and many have migrated to India from the western border of Pakistan during partition. About 10 million people have been uprooted and migrated to India and Pakistan since 1947. People who had a fear of persecution in Pakistan are migrating to India regularly, putting a burden on the state and instilling a sense of danger and terrorism, as the relations between the two neighbours are hostile and have been marked by war and cold war continuously since independence. People of Tamil descent are also migrating to India from Sri Lanka, fearing persecution there, but they also contribute to terrorism and other crimes in India. The country is also facing the same problem as other European countries and America in solving this problem. The government is trying to bring policies to address the migration problem; one of the main steps towards this was the CAA Bill 2019, which granted citizenship to people who migrated to India from countries like Pakistan, Afghanistan, Bangladesh, and Myanmar and belonged to 6 religions, i.e., Hindu, Sikh, Parsi, Buddhist, Jain, and Christian.

Conclusion

Immigration, once seen as a reason for diversity in the world, has now become a cancer for the world and society. Indians got potatoes, tomatoes, and tobacco from immigration. The US became a superpower with the help of immigration, while Europe benefited in terms of labour, literature, art, and craft. Now, immigration often brings with it economic debt, terrorism, and security threats. Countries are taking various steps to get rid of this problem, from shipping immigrants to other countries to making a wall on the border. However, the question of how to manage immigration effectively remains unanswered.