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.

Capacity Building for Future Conflict

In view of India’s unresolved territorial disputes with China and Pakistan in the mountainous Himalayan region, there is a very high probability that the next major land conflict on the Indian sub-continent will again break out in the mountains and, in order to avoid the possibility of escalation to nuclear exchanges, the conflict will in all probability remain confined to mountainous terrain.

A strategic defensive posture runs the risk of losing some territory to the adversary if capabilities do not exist to be able to launch a deep ingress to stabilise the situation. India’s must upgrade its military strategy of dissuasion against China to that of genuine conventional and nuclear deterrence that can come only from the ability to take the fight deep into the adversary’s territory through the launching of major offensive operations. To achieve this objective, it is necessary to raise and position one mountain Strike Corps each in Jammu and Kashmir for offensive operations against China and Pakistan and in the northeast for operations against China. In addition, other defensive corps must be given limited capability to launch offensive operations with integral resources.

Manoeuvre is extremely limited in the mountains due to the restrictions imposed by the terrain. In the plains too India’s Strike Corps cannot execute deep manoeuvres due to the risk of Pakistan’s nuclear red lines being threatened early during a campaign. As firepower is the other side of the coin, it is necessary to substantially upgrade capabilities of the armed forces to inflict punishment and indeed achieve victory through the orchestration of overwhelming firepower, or else India will have to be content with a strategic stalemate.

These capabilities include conventionally-armed SRBMs to attack high value targets in depth. Air-to-ground and helicopter-to-ground attack capabilities need to be modernised, particularly those enabling deep ground penetration and accurate night strikes. In fact, the Indian Air Force should aim to dominate the air space and ground strikes must paralyse the adversary’s ability to conduct cohesive ground operations. Artillery rockets, guns and mortars must also be modernised. Lighter and more mobile equipment is required so that these can be rapidly moved and deployed in neighbouring sectors.

India’s holdings of precision-guided munitions (PGMs) continue to be low. In recent conflicts like the war in Iraq in 2003 and the ongoing Afghan conflict, PGMs have formed almost 80 per cent of the total ammunition used. Indian PGM holdings must go up progressively to at least 20 to 30 per cent in order to achieve high levels of operational efficiencies. India’s defence planners must recognise that it is firepower asymmetries that will help to achieve military decisions and ultimately break the adversary’s will to fight.

Capabilities for heliborne assault, vertical envelopment and amphibious operations are inadequate for both conventional conflict and dealing effectively with contingencies that might arise while discharging India’s emerging regional responsibilities. Two rapid reaction-cum-air assault divisions (with an amphibious brigade each) need to be raised by the end of the 13th Defence Plan, i.e. by 2017-22. The expenditure on these divisions will be highly capital intensive and will be subject to the defence budget being gradually raised to first 2.5 per cent and then 3.0 per cent of India’s GDP.

C4I2SR capabilities are still rudimentary in nature and must be substantially modernised to exploit the synergies that can be achieved by a network centric force. A seamless intelligence-cum-targeting network must be established to fully synergise the strike capabilities of air and ground forces in real time. A good early warning network will enable the army to reduce the number of troops that are permanently deployed for border management and will add to the reserves available for offensive operations. Infrastructural developments along the northern borders have failed to keep pace with the army’s ability to fight forward and must be speeded up.

Defense Dysfunction

The MMRCA decision illustrates the deep problems besetting the Indian defense establishment.

Much of the commentary about India’s elimination of the Boeing and Lockheed Martin bids from its hotly-contested, highly-lucrative Medium Multirole Combat Aircraft (MMRCA) competition has focused on its meaning for US-India relations.  The air force is the largest beneficiary of the country’s burgeoning military budget and a number of foreign companies were looking to snap up the $11 billion MMRCA contract. The Americans were also expecting that the diplomatic capital they assiduously built up in New Delhi in recent years would turn the decision to their favor. Instead, New Delhi opted to reject the U.S. entrants and shortlist for final selection the Typhoon aircraft produced by the four-nation Eurofighter consortium (composed of British, German, Italian and Spanish defense companies) and the Rafale offered by France’s Dassault Aviation SA.

MMRCA_ImageMany interpret the decision as an emphatic rebuff of Washington’s overtures for closer security links. John Elliott, a long-time observer of the Indian scene, views the move as an effort at “keeping the U.S. firmly in its place.”  Others see it as a sign that lingering doubts still reside in New Delhi about the reliability of the United States as a defense supplier. Bruce Riedel, an informal Obama administration adviser on South Asia, argues that “there is a belief that in a crisis situation, particularly if it was an India-Pakistan crisis, the U.S. could pull the plug on parts, munitions, aircraft – precisely at the moment you need them most. Memories are deep in this part of the world.” Stephen P. Cohen, the dean of U.S. South Asianists, concurs: “India would have given the order to a U.S. firm if it had been assured that the United States would back India politically thereafter.  Since this guarantee was not available, and awarding a U.S. firm the contract would increase Washington’s ability to influence New Delhi, the United States was a not a good choice politically as a supplier.”

According to Ashley J. Tellis, one of the most insightful and well-informed observers of US-India affairs, both perspectives are wrong, however. In a superb review of the decision, he argues that it represents less an omen about bilateral ties than a sui generis episode involving the Indian air force’s rigid application of technical desiderata. The bottom line, Tellis says, is that New Delhi selected the European contestants for no other reason than they were adjudged the better flying machines.

Some Indian commentators are of the view that, with bilateral ties now so multi-dimensional and mature, Washington’s sense of letdown will dissipate quickly. This is likely to prove wishful thinking, given how aggressively the Obama administration lobbied on behalf of the American bids. But Tellis’s account at least reassures that the decision did not entail a repudiation of the US-India strategic partnership.

Less heartening, including to those in Washington who want to see New Delhi become a more capable global power, are the serious problems in the Indian defense establishment that are highlighted by the MMCRA selection process. Aiming to ward off charges of graft and extraneous influence that have plagued big-ticket military contracts in the past – Rajiv Gandhi’s government collapsed in 1989 due to the corruption scandal involving the Bofors heavy artillery pieces – Defense Minister A.K. Antony crafted a selection process that relied solely on narrow technical assessments that reportedly encompassed some 500 criteria. Relevant strategic, political and financial factors were purposively excluded from consideration. Following extensive field trials, the air force concluded that the two European finalists possessed superior aerodynamic capabilities relative to their American competitors.

Tellis agrees that, on the basis of narrow technical assessments, the Typhoon and Rafale represent the best choices and that the selection procedure was free of corruption. But if the process was clean, it was not in his view a rational or even well thought-out one. By making such a major procurement decision without examining other attendant considerations, the defense ministry, in Tellis’s view, runs the risk of misallocating precious resources, thereby undercutting India’s larger national security interests. Giving due weight to important non-technical factors, he contends, would have cast the American entrants, particularly Boeing’s F/A-18 E/F Super Hornet, in a more favorable light. As he sees it, the Super Hornet is a truly cost-effective choice once issues like unit piece, technology transfer, offsets, production lines schemes and possibilities for strategic collaboration are assessed.

This specific judgment might be contested within the Indian air power community, but the post-mortem Tellis provides about this particular acquisition decision has larger institutional implications. He reveals, for instance, that the financial details of the bids were not examined prior to the short-listing. If they had been, evaluators might well have asked whether the marginally superior performance offered by the Typhoon and Rafale are worth their markedly higher price tags ($125 million and $85 million, respectively) compared to the Super Hornet’s $60 million. And even if Indian officials decided they were still getting their money’s worth, it would have behooved them to include the U.S. plane on the shortlist in order to enhance their bargaining leverage vis-à-vis the European companies.

It is also striking that only after the shortlist was announced did the defense ministry turn to consider important questions about technology transfer, offset arrangements and production efficiency. India’s defense industrial sector remains conspicuously immature, certainly in contrast to other world powers. (As Stephen P. Cohen and Sunil Dasgupta maintain in their new book, the well-funded military R&D system is remarkably short of accomplishment.) Yet Tellis points out that the European aircraft selected have a more limited capacity to transform the country’s technology base than their American counterparts. This, too, would seem to be an important matter to assess, yet it was deliberately excluded from consideration.

Geopolitical considerations were similarly absent from the decision, especially the issue of whether New Delhi should leverage the opportunity to enhance military-technological ties with the United States. With President Obama’s personally intervening with Prime Minister Manmohan Singh, the lack of integrated decision-making all but guaranteed negative diplomatic fallout. As Tellis notes:

“In its zeal to treat this competition as just another routine procurement decision falling solely within its own competence, the acquisition wing of the ministry of defense communicated its final choice to the American vendors through the defense attache’s office at the U.S. Embassy in New Delhi without first informing the ministry of external affairs. This action put the latter in the embarrassing position of not knowing about the defense ministry’s decision a priori and, as a result, was unable to forewarn the United States.”


The upshot, according to Tellis, is that the thoughtless manner “in which these results were conveyed did not win New Delhi any friends in Washington, a process that Indian government officials now recognize and ruefully admit was counterproductive.”

New Delhi has now announced that a blue-ribbon commission is being formed to examine the deep problems besetting the defense establishment, including those in the areas of strategic planning, resource allocation and systems acquisition. A good point of departure would be considering the woeful institutional lessons offered by the MMRCA case.

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.