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Indians and Illegal Immigration

The vast majority of Indians come to the United States legally and stay here as legal visa holders. Many become permanent residents (green card holders) and then U.S. citizens. Indeed, in terms of income and education, it would be difficult to find a more successful immigrant group in U.S. history.

There are also Indians in the United States illegally. Such individuals remain a small part of the overall illegal immigrant population. Still, it is a segment worth exploring to help us better understand the immigration issue.

According to the US Department of Homeland Security (DHS), Indians made up only 1.9 percent of the illegal immigrant population in the United States as of January 2010. (Here is a link to that report.) There were approximately 200,000 Indians not in legal status in the U.S. out of a total illegal immigrant population of 10,790,000, according to a DHS report released in February 2011.

Table 1

Illegal Immigrant Population by Country (2010)

Country of Birth Estimated Unauthorized Immigrant Population (2010)
Mexico 6,640,000
El Salvador 620,000
Guatemala 520,000
Honduras 330,000
Philippines 280,000
India 200,000
Ecuador 180,000
Brazil 180,000
Korea 170,000
China 130,000
All Countries 10,790,000

                                               Source: Department of Homeland Security.

A Country by Country Look

One can see by examining Table 1 that Mexico dominates the overall illegal immigration population in the United States, representing over 60 percent, with 6.6 million. The next three countries have far smaller numbers of illegal immigrants in America: El Salvador with 620,000, Guatemala with 520,000 and Honduras with 330,000. These figures are as of January 2010, which means it’s possible newer data could yield slightly different results.

The Philippines has the fifth most illegal immigrants with 280,000, followed by India in 6th place with 200,000. Illegal immigrants from the Philippines and India largely come to the United States legally on visas and then overstay their visas. Unlike Mexicans, Indians cannot simply cross a border and find themselves in the United States. While it is possible some may have gone to Canada or Mexico and entered America illegally, it is more likely Indian illegal immigrants were once in some type of legal status and lost that status.

Changes in Indian Unauthorized Immigrant Population Over Time

In 1990, Indians made up an estimated 0.8 percent of the unauthorized immigrant population, with only 28,000 illegal immigrants, according to the then Immigration and Naturalization Service (INS). It’s possible the 28,000 figure is a low estimate of the number of illegal immigrants from India in 1990. That is because an initial INS estimate of the number of Indians in the country illegally in the year 2000 was only 70,000. However, a few years later that figure was revised to 120,000.

Measuring the number of illegal immigrants in the United States is, by definition, not easy. It is even harder to make accurate estimates of smaller subsets of that population. Table 2 shows the overall number of Indians in the United States in the “unauthorized immigrant population” – the term used by the Department of Homeland Security – in 1990, 2000 and 2010. The numbers indicate the Indian population not in legal status has risen from 28,000 in 1990 to 200,000 in 2000.

Table 2

                                         Indian Unauthorized Immigrant Population: 1990 to 2010

Year Indian Percentage of Total
1990 28,000 0.8 percent
2000 120,000 1.4 percent
2010 200,000 1.9 percent

                   Source: Department of Homeland Security, Immigration and Naturalization Service.

Illegal Immigration Issue Remains Important

Whether someone is waiting for a green card or is an employer of immigrants, it would do well to remember that illegal immigration remains important in the American public’s mind. It drives the overall debate on immigration. In past years, disagreement on whether or not to provide legal status to the illegal immigrant population scuttled attempts to provide more green cards for high-skilled immigrants, including many Indians. The issue of illegal immigration is not going away.

New Obama Administration Policy on Deportations could help some Indian Immigrants

Indian immigrants are less likely to be here illegally than other immigrants. Despite this, some Indians in the United States or their friends and family members may benefit from the Obama Administration’s newly announced policy on deportations. There are approximately 200,000 individuals from India now residing in the United States without legal status, according to the Department of Homeland Security.

The new policy came in response to criticism, largely in the Hispanic community, that many individuals were being placed in deportation when encountered after traffic stops or after committing minor violations. In many cases, police or federal authorities became aware of these people under the “Secure Communities” initiative. On the Immigration and Customs Enforcement (ICE) website, Secured Communities is described as follows: “It uses an already-existing federal information-sharing partnership between ICE and the Federal Bureau of Investigation (FBI) that helps to identify criminal aliens without imposing new or additional requirements on state and local law enforcement.”

Controversy has swirled as the initiative appeared to sweep up many people beyond the initially stated intention of the policy to focus on getting off the streets illegal immigrants who pose a danger to others. In response to this criticism, in June 2011, John Morton, the Director of Immigration and Customs Enforcement (ICE), released a memo that informed personnel in the field who they should prioritize in pursuing deportation. Still, despite the memo, stories of individuals with sympathetic stories being placed in deportation proceedings under the initiative began to dominate the Spanish language press in the United States.

In an August 18, 2011 letter to Senator Richard Durbin (D-IL) and other members of Congress, the Obama Administration described the new policy: “Under the new process, a Department of Homeland Security (DHS) and Department of Justice (DOJ) working group will develop specific criteria to identify low-priority removal cases that should be considered for prosecutorial discretion.  These criteria will be based on ‘positive factors’ from the Morton Memo, which include individuals present in the U.S. since childhood (like DREAM Act students), minors, the elderly, pregnant and nursing women, victims of serious crimes, veterans and members of the armed services, and individuals with serious disabilities or health problems.” (Senator Durbin’s website provides more details.)

What does this all mean?
How does this review of pending deportation cases affect people in the country illegally or those with family members here out of status? Whether from India or Mexico, anyone in the country illegally should not view the policy as an amnesty. There is nowhere to apply. However, those placed in deportation proceedings whose cases are not pursued may be able to receive work authorization.

“The announcement should mean the end of the deportation process for a large number of individuals,” according to immigration attorney Greg Siskind. “Individuals whose deportation proceedings are closed are not going to receive a visa, green card or any new type of legal status. Some may be eligible for work authorization, however, but even being granted such documentation will not be the same as having a legal status in the U.S.”

This is an important distinction: being allowed to work is not the same as possessing a permanent right to live in the United States, which would normally come from receiving a green card. Individuals likely will not be able to travel freely even if they receive work authorization under the policy. “The new policy will not remove barriers to green card processing such as being subject to the three and ten year bars on reentering the U.S. as well as bars on adjusting status for individuals who entered the country without inspection,” notes Siskind. Upon attempting re-entry an individual might not be allowed back into the United States.

Every immigration case is unique. Those with friends or family members who may benefit under this policy should be wary of anyone promising they will be able to secure someone a green card because of the new procedures. The new policy is designed as temporary relief and a response to a political outcry over a possible misapplication of enforcement resources. It is not an amnesty, nor should it be considered one. Most important, this is a discretionary change in policy and, as such, can be changed again in the future.

Senate Hearing Sends Signals for Immigration Reform

Similar to a House hearing held earlier this year, a July 26, 2011 Senate Judiciary Subcommittee on Immigration, Refugees and Border Security hearing pointed toward agreement on the need to enact fixes to the employment-based green card system.

Committee Chair Charles Schumer (D-NY) titled the hearing “The Economic Imperative for Enacting Immigration Reform,” hoping to encourage such legislation to move forward in Congress. The hearing contained a remarkable amount of economic data and arguments in favor of liberalizing U.S. immigration laws, particularly in favor of allowing in more highly skilled immigrants.

Robert Greifeld, CEO of the NASDAQ OMX Group, testified, “Our world view must change to recognize that employers no longer have to locate jobs and workers because of physical capital requirements. Human capital is now highly mobile. The work product of STEM and other knowledge workers is just a plane ticket or an internet connection away.” He said NASDAQ supported “stapling” a green card to graduates of U.S. universities with a science, technology, engineering or math degree, and also support establishing a new visa for entrepreneurs.

Brad Smith, general counsel and senior vice president, legal and corporate affairs at Microsoft, noted the company had thousands of job openings for highly skilled positions. He also cited a 2010 University of Washington Economic Policy Research Center study that found Microsoft’s hiring of U.S. citizens, permanent residents and foreign nationals combined to create a “multiplier effect” creating 267,611 jobs in 2008 in Washington. “Through this multiplier effect, every job at Microsoft supported 5.81 jobs elsewhere in the state economy.”

Compelling Testimony on Green Card Backlog
One of the best things a Congressional hearing can do is put a human face on a problem. Dr. Puneet S. Arora, born in India and now a practicing physician in Los Angeles, CA, testified at the hearing on behalf of the organization Immigration Voice. Dr. Arora said though he had lived and worked in America for 15 years – and has two U.S. citizen children – he does not have permanent residency. He explained that due to the low annual quota for employment-based green cards combined with the per country limit, which affects potential Indian immigrants the most, he has been waiting years for permanent residence. In fact, he estimated it might be an additional 8 years of waiting before he could receive a green card.

The Old and the New
Hearings are often a way to gauge the views of members of Congress, particularly new ones. We have not heard much about their views on high skill immigration from either Senator Al Franken (D-MN) or Senator Richard Blumenthal (D-CT). By their questions and comments it appeared both are sympathetic to high skill immigration, particularly the plight of long-term green card holders. Senator Franken engaged in a long discussion with Dr. Arora, praising him for his previous work as a physician in Minnesota.

Veteran Senators Chuck Grassley (R-IA) and Jeff Sessions (R-AL) were less sympathetic. Senator Grassley said in a statement, “As part of the solution to America’s immigration problem, some policy makers have proposed the idea of giving immigrants a green card upon graduation . . . While it is important to keep the best and the brightest, getting a degree from a U.S. institution should not equate to a fast track to citizenship for all. Should this happen, the demand for enrollment in U.S. universities by international students would only increase and further erode the opportunities for American students.” He also discussed his efforts to encourage U.S. Citizenship and Immigration Services to root out fraud in H-1B and L-1 visas.

Senator Sessions scolded supporters of business immigration on the panel, saying they should not have supported comprehensive immigration reform legislation back in 2007. Sessions said he favored a point system similar to Canada’s. Under a point system, there would be no employer sponsorship and most family immigration categories would be eliminated. Instead, the government would set a maximum number of immigrants allowed in during a given year and award permanent residence only to those who achieve a specific number of points. The points would be determined based on characteristics such as age and education level.

Microsoft General Counsel Brad Smith said that a point system would take power away from individual employers to hire and sponsor the foreign-born employees they think are best and instead turn those decisions over to a bureaucratic government body. As a conservative Republican who often expresses skepticism of the federal government’s ability, Sessions seemed to understand the criticism, though did not appear to change his mind.

Reform Ideas
It appears the case was made that there is greater consensus on moving forward with reforms on employment-based green cards than on H-1B temporary visas. In fact, one of the risks for employers remains that efforts to liberalize green card quotas will be met by attempts to restrict temporary visas, such as H-1B and L-1. In addition, there are those who oppose narrow fixes to the immigration system, viewing smaller bills as a possible drain on efforts to achieve a broad comprehensive approach that deals with illegal immigration as well. These types of competing interests continue to make immigration reform a challenging proposition.

A Brief History of Indian Immigration to the United States

So much attention is paid to current policy controversies that it is easy to lose sight of history. The history of Indian immigration to the United States is, to put it simply, recent history. I’ve put together data that show the stunning change in Indian immigration to America after the 1965 act removed the national origins quotas U.S. law. The data show that more Indians immigrated to the U.S. in the 1960s than had immigrated in the prior 140 years.

Immigration from 1820 to 1959

The history of Indian immigration to the United States can be divided into two periods. The first period is the time prior to the 1965 Act. The second, after the change in U.S. law that opened the door to immigrants from India and other countries that had been mostly barred as countries of origin for U.S. immigration.

Table 1 illustrates that few people from India came to the United States in the 19th century or the first half of the 20th century. For much of that period, arduous and expensive travel likely acted as a limiting factor. Between 1820 and 1959, only 13,363 Indians immigrated to America, compared to over 69,000 in 2010 alone.

Prior to 1921, immigration to the United States was essentially open, with some literacy and health requirements introduced in the early 1900s. However, the 1921 and 1924 immigration acts sought to exclude immigration from eastern European, Asian, and African countries. Anti-Semitism in the period made Jewish immigration and, to an extent, immigration from Italy, the primary targets for exclusion, more than the relatively small amount of immigration from either Asia or Africa.

Table 1

Indian Immigration to the United States: 1820-1959

Year Immigrants from India
1820 to 1829 9
1830 to 1839 38
1840 to 1849 33
1850 to 1859 42
1860 to 1869 50
1870 to 1879 166
1880 to 1889 247
1890 to 1899 102
1900 to 1909 3,026
1910 to 1919 3,478
1920 to 1929 2,076
1930 to 1939 554
1940 to 1949 1,692
1950 to 1959 1,850
Total 13,363

Source: Table 2, 2010 Yearbook of Immigration Statistics, Office of Immigration Statistics, Department of Homeland Security. Note: Country designation is by country of last residence.

The 1965 Act Changed Everything for Indian Immigration

Under the 1924 Act, which requires a separate, more extensive discussion, immigration from the “Asia-Pacific triangle” was limited to an overall ceiling of 2,000. As a result, extensive immigration from India was not possible. It should be noted that Congress legislated various exemptions from the quotas that enabled individuals to immigrate outside of the quotas.

The 1965 Act made several changes to U.S. immigration law but the most important was to eliminate the national origins quotas. Table 2 shows the dramatic change produced in Indian immigration as a result of the 1965 Act. One can see how Indian immigration has climbed post-1965. From 1960 to 1969, 18,638 Indians immigrated to the United States, in the 1970s, 147,997 immigrated. Indian immigration totals increased as well in the next three decades.

Table 2

Indian Immigration to the United States: 1960-2009

Year Immigrants from India
1960 to 1969 18,638
1970 to 1979 147,997
1980 to 1989 231,649
1990 to 1999 352,528
2000 to 2009 590,464
Total 1,341,276

Source: Table 2, 2010 Yearbook of Immigration Statistics, Office of Immigration Statistics, Department of Homeland Security. Note: Country designation is by country of last residence.

Table 3 shows that from 1950 to 1959, America received only 1,850 Indian immigrants. In contrast, from 2000 to 2009, 590,464 Indians immigrated to America. The 1965 Act, combined with the rise of Indian students and employment-based immigration to the United States, produced a dramatic change in the number of people coming from India to America.

Table 3

Indian Immigration to the United States: Pre- and Post-1965 Act

Year Immigrants from India
1950 to 1959 1,850
2000 to 2009 590,464

Source: Table 2, 2010 Yearbook of Immigration Statistics, Office of Immigration Statistics, Department of Homeland Security. Note: Country designation is by country of last residence.

The Surge Recedes

President Obama’s announcement of far larger and more rapid withdrawals of U.S. forces from Afghanistan than many had expected affects Indian security interests and the U.S.-India relationship in significant ways. While it is unfair to characterize the decision as a rush to the exits, it is clear that a deliberate pace is being set.

Obama Speech

Beyond the immediate numbers and timetables involved, the speech’s most memorable line – “America, it’s time to focus on nation building here at home” – signals a new era in South Asia’s geopolitics. U.S. involvement in regional security affairs has oscillated between deep engagement (as in the 1950s, 1980s and the post-9/11 decade) and relative indifference (the 1960s-1970s, and the 1990s). Mr. Obama’s remarks confirm that the pendulum has now begun its swing toward the latter position.

The address will set in motion a train of momentous events for all of Afghanistan’s neighbors. And it is noteworthy that Mr. Obama’s decision was driven more by the exigencies of domestic politics than by a careful assessment of U.S. security objectives in South and Central Asia. As the Washington Post comments , Obama “failed to offer a convincing military or strategic rationale for the troop withdrawals.” The debate inside the administration was reportedly intense but brief, and White House political operatives have not even tried to disguise the fact that the President ignored his top Pentagon advisers.

Parallel to the troop drawdown, President Obama sounded the end to U.S. nation-building efforts in Afghanistan, stating that “we won’t try to make [it] a perfect place.” He underscored Washington’s burgeoning disenchantment with Hamid Karzai’s government in Kabul by once again prodding it to “step up its ability to protect its people, and move from an economy shaped by war to one that can sustain a lasting peace.” Both objectives, however, will prove impossible in the absence of strong U.S. support. A new report by the Democratic majority staff of the Senate Foreign Relations Committee offers a very bleak assessment of Afghanistan’s economic viability in a post-withdrawal era. Yet a day after Obama’s remarks, Secretary of State Hillary Rodham Clinton gave notice that the “civilian surge” – which dispatched a thousand U.S. officials to work on governance and development projects in Afghanistan – has likewise peaked.

Karzai’s antics have played a role in this fundamental shift in Washington, with one analyst concluding that “the United States has now clearly washed its hands of the Karzai government.” Tellingly, there was nary a word of praise in Mr. Obama’s remarks for the Afghan president, and one wonders how committed Washington will be to his regime’s survival in any political settlement with the Taliban.

Of course, this is the same government in which New Delhi has invested so much over the last decade. Only six weeks ago, Prime Minister Manmohan Singh traveled to Kabul with the aim of broadening India’s engagement in Afghanistan . He unveiled a significant expansion of Indian aid, with a further commitment of $500 million over the next few years. He and Karzai also issued a joint declaration that the two countries intended to move towards a strategic partnership. According to one analyst , Singh’s purpose was to demonstrate that, unlike Washington, New Delhi has no “exit strategy” in Afghanistan.

The diplomatic process leading to a possible political settlement of the Afghan conflict is only just beginning. But as it unfolds, it is likely that key differences will emerge between the United States and India. Looking towards the exits, Washington may not be too picky over the settlement’s exact details, while New Delhi will be all too focused on how the strategic terrain in its neighborhood is shifting.

Speaking of political settlements, Obama assured all that “the light of a secure peace can be seen in the distance.” But he was virtually silent on the principles he would pursue in the diplomatic endgame. What would constitute such a peace and how the United States would seek to effect it were items left unmentioned. Nor did Obama address how the Taliban and its Pakistani benefactor could be persuaded to support such an outcome when he has so plainly telegraphed America’s disengagement from Afghanistan.

The coming period will witness an intensified regional scramble for influence in a post-withdrawal Afghanistan. India has strong strategic interests in ensuring that any government in Kabul is strong enough to be a bulwark against Pakistan as well as a gateway to trade and energy links in Central Asia. Both goals would be undermined if a Taliban-dominated regime were to come to power. Yet India’s own capacity to shape the course of events is quite limited in a country with which it shares no borders. For this reason, India will seek to move closer to Iran, whose interests in Afghanistan are roughly congruent.

Indeed, this process has already started. A year ago, Foreign Secretary Nirupama Rao (now slated as India’s new ambassador in Washington) highlighted the “unique” civilizational ties and “the instinctive feeling of goodwill” between India and Iran. She spoke of how links with Tehran are a “fundamental component” of New Delhi’s foreign policy and how there has been a recent “convergence of views” on important policy issues. Regarding bilateral cooperation in Afghanistan, she argued that India and Iran “are of the region and will belong here forever, even as outsiders [read the Americans] come and go.” A senior Indian official described the outreach to Iran as a policy “recalibration” necessitated by the “scenario unfolding in Afghanistan and India’s determination to secure its national interests.”

Earlier this year, India’s national security advisor, Shivshankar Menon, visited Tehran seeking to shore up strategic ties. In early June, the deputy secretary of Iran’s National Security Council was in New Delhi to continue the talks. New Delhi now has even less incentive to go along with U.S. economic sanctions directed against Tehran, and both countries may go so far as to revive their cooperation during the 1990s that provided critical support to the non-Pashtun militias battling the Taliban regime. The Americans will surely grumble about the cozying up with Iran, but the geopolitical logic of the Obama withdrawal leaves New Delhi little choice.

As the United States progressively takes leave of Afghanistan, its dependence on the (epically dysfunctional) security relationship with Pakistan that the 9/11 attacks brought about will correspondingly lessen. The impact of this development on India is variable. The drawdown in U.S. forces will decrease the logistical requirement to run critical supply lines through Pakistani territory. And as the commando assault on Osama Bin Laden and the marked ramp-up in drone strikes testify, Washington is increasingly willing to do without Pakistani cooperation and conduct military operations on its own.

As the need for Islamabad’s collaboration diminishes, Washington will begin to pull back on the significant military assistance – nearly $20 billion so far – that has caused so much consternation in New Delhi. The Bush administration’s “de-hyphenation” policy – one that pursued relations with India and Pakistan independent of the other – will also re-emerge. Seeing Pakistani cooperation on Afghanistan as a function of addressing its acute security anxieties, the Obama administration put the policy on hiatus and started making noises about the Kashmir issue and discouraging New Delhi from too deep an involvement in Afghanistan . With Washington’s solicitude vis-à-vis Islamabad’s sensitivities coming to an end, the U.S.-Indian security partnership will more and more run on its own dynamics.

On the other side of the ledger, however, the Pakistani military establishment could try to offset the loss of U.S. support by entering into an even tighter security alliance with China. This prospect, which would exacerbate India’s strategic concerns, cannot be ruled out, though Beijing so far has shown a reluctance to be encumbered by Pakistan’s deep internal problems . The rather bizarre trip Prime Minister Yousaf Raza Gilani undertook to Beijing in late May is a case in point . Despite Gilani’s profession that Pakistan and China “are like two countries and one nation,” Beijing appeared discomforted when Islamabad put out the word that the Chinese navy was welcome to take up residence in Gwadar, a strategic port at the mouth of the Persian Gulf.

A more worrisome possibility is that U.S. strategic disassociation with Islamabad will also be expressed in a sharp reduction of economic assistance, leading to even greater volatility in Pakistan. In that event, India would find that Pakistan as a failed state is much more of a security headache than it ever was at the peak of its national power.

As the United States markedly reduces its presence in regional security affairs, some hard choices await New Delhi policymakers.