Not new procedure, been in place since 2009: EAM Jaishankar on deportation row

External Affairs Minister S. Jaishankar stated in the Rajya Sabha on Thursday that there has been "no change from the past procedure" in the deportation of illegal immigrants by the United States, emphasizing that the process is "not a new one".

"It is the obligation of all countries to take back their nationals if they are found to be living illegally abroad. This is naturally subject to an unambiguous verification of their nationality. This is not a policy applicable to any specific country, nor is it one practised only by India. It is a generally accepted principle in international relations. Members would be aware that the process of deportation is not new and has been ongoing for several years," the EAM said while making a statement in Parliament on the deportation of Indians from the United States.

The statement came after Congress submitted adjournment motions in the Lok Sabha, demanding an urgent discussion on the deportation of over 100 illegal Indian immigrants by the US and urged the Centre to clarify its stance and outline diplomatic efforts being made to ensure the dignified treatment of deported individuals.

He insisted that the focus should instead remain on a strong crackdown against the illegal immigration industry.

Speaking on the matter, Jaishankar said, "People-to-people exchanges constitute the bedrock of our deepening ties with The United States. Indeed, more than any other relationship, mobility and migration have had a key role to play in enhancing its quality."

He further explained that while legal mobility is encouraged, illegal movement is discouraged due to its association with various criminal activities.

He underscored that it is a universal obligation for countries to repatriate their nationals found living illegally abroad, clarifying that this practice is based on the verification of nationality and is not specific to any one country.

Providing figures to illustrate the ongoing nature of the process, Jaishankar shared, "I would like to share with the House details of deportation from the US since February 2009. In 2009, number of deportees were 734, in 2010 it was 799, in 2011 it was 597, in 2012 it was 530, in 2013 it was 515, in 2014 it was 591, 2015 it was 708."

He continued with the figures, "In 2016 it was 1303, in 2017 it was 1024, in 2018 it was 1180, in 2019 it was 2042, in 2020 it was 1889, in 2021 it was 805, in 2022 it was 862, in 2023 it was 617, in 2024 it was 1368, and 2025 it is 104."

Jaishankar noted that the deportations are conducted under the Standard Operating Procedure (SOP) effective from 2012, which allows for the use of restraints.

"The deportation by the US is organised and executed by Immigration and Customs Enforcement ( ICE) authority. The SOP of deportation by aircraft used by ICE which is effective from 2012 provides for the use of restraint. I repeat, that is effective from 2012 and provides for the use of restraints. However, we have been informed by ICE that women and children are not restrained," he mentioned.

The minister further clarified that deportees' needs, including food, necessities, and medical emergencies during transit, are attended to and that temporary unrestraining is provided during toilet breaks, applicable to both chartered civilian and military aircraft.

"During toilet breaks, deportees are temporarily unrestrained if needed in that regard. This is applicable to chartered civilian aircraft as well as military aircraft. There has been no change. I repeat, no change from past procedure for the flight undertaken by the US on February 5, 2025," Jaishankar added.

He also emphasised ongoing engagement with the US government to ensure the humane treatment of deportees during transit.

"We are engaging with the US government to ensure that the returning deportees are not mistreated in any manner during the flight. At the same time, the House will appreciate that our focus should be on a strong crackdown on the illegal migration industry while taking steps to ease visas for legitimate travellers. Based on the information provided by returning deportees about the agents and others involved, law enforcement agencies will take necessary preventive and exemplary actions," he said.

The remarks followed the arrival at Sri Guru Ram Dass Jee International Airport in Punjab of a US military C-17 aircraft carrying the first batch of 104 illegal Indian immigrants, with the highest numbers coming from Haryana and Gujarat (33 each).

Among the deportees, 30 were residents of Punjab, three each hailed from Uttar Pradesh and Maharashtra, and two were from Chandigarh. The group included 25 women and 12 minors, the youngest being four years old, and 48 individuals were below the age of 25.

The flight, which took off from Texas on Tuesday, also carried 11 crew members and 45 US officials overseeing the deportation process, coinciding with Prime Minister Narendra Modi's forthcoming visit to Washington next week.