 "Deported with dignity or disgrace? The dilemma in US immigration policies")
Recent major deportations of illegal immigrants from the United States, including 228 Indians, have generated intense worldwide discussion. Serious questions over whether the US is violating basic human rights have been generated by reports of cruel treatment, including forced sedation, shackling, and deportation without due process.
Every government has the right to apply its immigration laws, but the manner deportations are carried out has to satisfy international human rights standards. The argument now revolves around how deportations should be executed so as to uphold human dignity instead of whether they should occur.
Does it affect Human Rights?
Article 5 of the Universal Declaration of Human Rights (UDHR) has at its core that “no one shall be subjected to torture or to cruel, inhuman, or degrading treatment or punishment”. Reports state that many deportees have been kept under horrible conditions, denied legal assistance, and divided from their families without notice. Such actions run against the dignity, justice, and fairness that democratic countries, including the US, claim to maintain.
Moreover, verified by Article 13 of the UDHR, is people’s right to freedom of movement, including the capacity to flee persecution under asylum. Many of the migrants who are either fleeing political instability, violence, or poverty in their native states are quickly ejected without giving them a fair chance to present their case for asylum, therefore creating serious ethical and legal issues.
Are deportations being used as a political weapon?
Not only are the current deportations administrative processes, but they are also increasingly employed as political weapons. Rising anti-immigrant feeling, especially in election years, causes governments to sometimes turn to severe immigration crackdowns to appeal to nationalist supporters. This not only fuels xenophobia and racial discrimination by means of quick deportations devoid of regard for human rights but also helps to demonise migrant populations.
Impact Shorts
More ShortsPolicies with a past in the US include Title 42, which sped deportations on the pretext of epidemic control but was fiercely attacked for violating the rights of asylum seekers. Likewise, the most recent crackdowns, disproportionately affecting specific ethnic and national groups, raise issues about racial and economic discrimination in immigration policies.
Effects on India and other countries
These deportations create major diplomatic and social problems for India as well. Many deported Indians from economically poorer areas have spent their life savings to get to the US. Sometimes in debt and without resources, the sudden departure of these immigrants leaves families back home in trouble.
India has also had to boost diplomatic efforts to ensure that throughout deportation processes, its citizens are handled fairly. Lack of openness in US immigration rules and accounts of migrants suffering racial profiling call for stronger bilateral agreements on migrant rights and repatriation processes.
Ethical deportation policies: A necessity
Although illegal immigration is a real issue, deportations have to be executed legally and with dignity. The US and other countries must implement more compassionate deportation policies. The migrants need equitable legal representation prior to deportation rulings being decided upon.
Deportees should get help for reintegration instead of being dumped at foreign airports devoid of resources. Organisations like the UNHCR and the International Organisation for Migration (IOM) ought to be more involved in tracking deportation policies since they represent stronger international supervision.
In essence, as long as immigration rules apply, deportations will persist; but, their execution reflects the moral and ethical standards of a country. The US has to strike a balance between border security and human dignity such that deported people are handled as people rather than as political scapegoats or criminals. Ensuring that migration policies fit fundamental human rights rather than turning into tools of oppression and discrimination depends on international cooperation and activism.
The author is Assistant Professor, School of Law, Bennett University. Views expressed in the above piece are personal and solely those of the author. They do not necessarily reflect Firstpost’s views.
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