EAM S. Jaishankar Discusses Deportation Issues With Foreign Counterparts: India's Diplomatic Stance on US Deportation Flights & Human Rights
December 3, 2025 | India-US Diplomacy | Deportation Policy | Human Rights & Migration | Foreign Affairs
By Foreign Affairs & Diplomacy Correspondent
India-US Relations & International Law Expert
Focus: Diplomatic negotiations, human rights, migration policy, consular affairs, international relations
EAM S. Jaishankar in Rajya Sabha (Dec 3, 2025): External Affairs Minister disclosed that 18,822 Indian nationals have been deported from US since 2009; 3,258 in 2025 alone. India raising strong diplomatic concerns with US authorities over shackling of deportees, mistreatment of women/children, and human trafficking networks fueling illegal emigration.
In a comprehensive statement to Parliament on December 3, 2025, External Affairs Minister Dr. S. Jaishankar disclosed alarming deportation figures and highlighted India's multi-pronged diplomatic engagement with the United States on ensuring humane treatment of deported Indian nationals. The minister revealed that since January 2025, the US has deported 3,258 Indian nationals—representing a 138% increase from 1,368 in 2024 and a 428% jump from 617 in 2023.
Jaishankar emphasized that "India accords the highest priority to the safety, security, and well-being of Indian nationals abroad" and stated the government remains "actively engaged with US authorities on all matters pertaining to deportation of Indian citizens." However, he lodged formal diplomatic protests regarding the use of shackles and restraints on deportees during ICE-operated flights, particularly concerning cases involving women, children, and elderly individuals like 73-year-old Harjit Kaur who was maltreated during detention. The minister's statements reflect India's delicate diplomatic balancing: acknowledging each country's obligation to accept illegal immigrants while asserting India's concerns about human dignity and constitutional rights.
Jaishankar emphasized that "India accords the highest priority to the safety, security, and well-being of Indian nationals abroad" and stated the government remains "actively engaged with US authorities on all matters pertaining to deportation of Indian citizens." However, he lodged formal diplomatic protests regarding the use of shackles and restraints on deportees during ICE-operated flights, particularly concerning cases involving women, children, and elderly individuals like 73-year-old Harjit Kaur who was maltreated during detention. The minister's statements reflect India's delicate diplomatic balancing: acknowledging each country's obligation to accept illegal immigrants while asserting India's concerns about human dignity and constitutional rights.
Deportation Statistics: Crisis Dimensions
📊 Shocking Deportation Numbers: Rising Trend Since 2009
- Total Since 2009: 18,822 Indian nationals deported from US to India in 16 years
- 2023 Deportations: 617 Indians deported
- 2024 Deportations: 1,368 Indians deported (122% increase year-on-year)
- 2025 Deportations (Jan-Dec): 3,258 Indians deported – highest annual figure in recent years (138% increase from 2024)
- Average Per Day (2025): Approximately 8-9 Indians deported daily by US authorities
- Flight Types: Over 2,000 deported on regular commercial flights; remaining ~1,258 on US ICE-operated aircraft (carrying higher security concerns)
- Gender & Age Composition: Includes women, minors (children), elderly individuals (73+ years), raising protection concerns
🚨 Key Concern: 73-Year-Old Harjit Kaur's Maltreatment Case
- Case Details: Harjit Kaur (73 years old) deported from US; while NOT handcuffed on flight, she faced systematic maltreatment during detention
- Nature of Maltreatment: Poor treatment, inadequate care, unsuitable detention conditions for elderly person
- India's Response: Official diplomatic protest lodged with American Embassy on September 26, 2025
- Jaishankar's Statement: "We have made clear our very strong concern about the manner of her treatment and have asked American authorities to look into this matter"
- Significance: Case demonstrates that even without physical restraints, mistreatment can occur; broader human dignity issue transcends shackles alone
⚖️ International Law Context: Obligation vs. Rights Tension
- India's Legal Position: "It is the obligation of all countries to take back their nationals if they are found to be living illegally abroad." This is not US-specific but a universal principle
- Verification Standard: Deportations are "subject to unambiguous verification of Indian nationality" – India must confirm deportees are actually Indian citizens
- Not New: Jaishankar emphasizes that deportation process is "not new and has been ongoing for several years" – routine, not Trump administration policy change
- Human Rights Concern: While deportation obligation exists, method, treatment, and conditions must comply with international human rights standards
US ICE Deportation Procedures: Shackles & Security Standards
Restraint Policy: Standard Operating Procedure (SOP) Since 2012
| Policy Aspect | US ICE Position | India's Response |
|---|---|---|
| Shackle/Restraint Use | ICE policy effective November 19, 2012 permits use of physical restraints during deportation flights for security purposes | Strongly registered concerns on use of shackles, especially on women and children |
| Justification | US claims shackles are necessary to ensure safety and security of all passengers; past instances of violence by deportees against fellow deportees and crew reported | India acknowledges security concerns but disputes proportionality; questions whether blanket restraints necessary for all deportees |
| Women & Minors | US authorities state women and children are "generally not restrained"; flight officer has discretion in security-critical situations | India noting no shackling cases since Feb 5, 2025 for women/children, but demanding consistency and policy clarity |
| Care During Flight | Deportees' needs attended: food, medical emergencies, temporary unrestraining for toilet breaks per SOP | Accepting these provisions but demanding proactive health monitoring, especially for elderly |
| Criminal Deportees | Same flights carry serious criminals: terrorism accused, homicide suspects, extortionists; higher security justifies restraints for some | India appreciating return of wanted criminals (Lakhwinder Singh, Anmol Bishnoi) but notes mixing of petty offenders with serious criminals raises safety concerns |
Notable Criminal Deportees Returned on ICE Flights
- Lakhwinder Singh: Absconding accused; terrorism charges; lookout notice & arrest warrant issued by Indian law enforcement
- Anmol Bishnoi: Absconding accused; homicide charges; serious criminal wanted by Indian authorities; brought back on deportation flight
- Other Categories: Gangsters accused of extortion, attempt to murder, criminal intimidation also mixed on flights
- India's Position: While welcoming return of criminals, notes that mixing violent offenders with ordinary illegal immigrants creates security complications and justifies some restraint measures
[chart:137] Jaishankar's Deportation Diplomacy: Statistics, Timeline, Issues & US Engagement
India's Three-Pronged Diplomatic Response
🤝 Prong 1: Active Engagement With US Authorities
- Diplomatic Channels: Ministry of External Affairs (MEA) engaged with US State Department, ICE, and US Embassy in New Delhi
- Focus Areas: Ensuring humane treatment, reducing shackle use, protecting vulnerable groups (elderly, women, children, health-compromised individuals)
- Formal Protests: Official complaints lodged (e.g., Harjit Kaur case, Sept 26, 2025) with documentary evidence
- Policy Dialogue: Discussions on modifying ICE SOP to align with international human rights standards
- Consular Access: Ensuring Indian consulates visit deportees pre-flight; access to legal assistance; documentation of complaints
🚨 Prong 2: Crackdown on Illegal Migration Industry & Trafficking Networks
- NIA Anti-Trafficking Division: National Investigation Agency established dedicated anti-human trafficking unit; registered 27 human trafficking cases, 169 arrests, chargesheets against 132 individuals
- Notable NIA Arrests: Two major traffickers arrested in Haryana & Punjab (Aug 7, 2025); two more in Himachal Pradesh (Oct 2, 2025)
- State Government Coordination: Haryana registered 2,325 cases, 44 FIRs, 27 arrests; Gujarat arrested one significant trafficker
- Punjab Focus: Maximum human trafficking cases registered in Punjab state – major source point for illegal emigration to US
- Target: Dismantle networks of agents, brokers, document forgers facilitating illegal US migration
✅ Prong 3: Streamlined Legal Migration & Visa Processing
- Legitimate Travel Focus: Jaishankar stressed that India's priority is "strong crackdown on illegal migration industry while taking steps to ease visas for legitimate travellers"
- Bilateral Coordination: India-US visa working groups to expedite legitimate visa applications (H-1B, student visas, business visas)
- Documentation Simplification: Efforts to streamline Indian documentation (birth certificates, passports) to facilitate legitimate emigration
- Awareness Campaigns: Government campaigns in Punjab and other high-emigration regions warning about trafficking, deportation consequences, and promoting legal pathways
- Repatriate Support: Financial rehabilitation programs for returned deportees to prevent re-trafficking attempts
Legal & Constitutional Context: India's Immigration & Foreigners Act 2025
New Legislation Tightens Deportation Architecture
- Immigration & Foreigners Act, 2025: Enacted to consolidate immigration control; notified September 2, 2025
- Key Provisions: Replaced fragmented 1957 & 2007 orders; introduces stricter penalties for forged documents, deportation violations
- Detention Centers: MHA now explicitly directs every state/UT to establish dedicated holding/detention camps for illegal migrants[web:132]
- Exemptions Formalized: Liberalized exemptions for specific categories (students, business, BIMARU states, etc.) given statutory footing
- Religion-Based Provisions: CAA-linked exemptions maintained; trajectory shows consolidation of selective inclusion policy[web:132]
Domestic Deportation Framework vs. US Deportations
- India's Authority: India can refuse entry to foreign nationals; issue deportation orders; hand over to foreign authorities for transit
- Once Abroad: When Indians are deported by foreign governments (like US), India must accept repatriation under bilateral & international obligations
- Rights Asymmetry: India has limited control over treatment during foreign deportation flights; hence reliance on diplomatic pressure
- Post-Deportation: India investigates criminal deportees; rehabilitates others; addresses trafficking network suspects
Parliamentary Response & Opposition Concerns
February 2025: Opposition Outcry Over Shackling
- Congress Motion: Congress MPs filed adjournment motions in Lok Sabha seeking urgent discussion on deportations
- Gaurav Gogoi Concerns: Congress MP highlighted reports of deportees being "shackled and subjected to degrading treatment"
- Manickam Tagore Request: Demanded that Jaishankar clarify government's position and actions taken
- Harjit Kaur Case: Elderly woman's maltreatment sparked particular outrage; raised questions about India's diplomatic effectiveness
December 2025: Updated Parliamentary Position
- Jaishankar's Defense: "Deportation process is not new; has been ongoing for several years; procedure unchanged"
- Emphasis on Legal Obligation: Government stressing that taking back illegal nationals is India's own international obligation, reciprocal arrangement with US
- Focus Shift: Government pivoting discussion from US deportation methods to India's anti-trafficking efforts, cracking down on smuggling networks
- Balanced Tone: Acknowledging concerns while emphasizing active diplomatic engagement; no confrontational stance toward US
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UPSC & Competitive Exams: Exam-Relevant Topics
UPSC Prelims Questions (Expected)
- How many Indian nationals have been deported from the US since 2009? (A) 8,822 (B) 13,822 (C) 18,822 (D) 22,822
- What is the US ICE deportation restraint policy effective date? (A) 2009 (B) 2012 (C) 2015 (D) 2018
- Which ministry has India's dedicated anti-human trafficking division? (A) Home Ministry (B) External Affairs (C) NIA (D) INTERPOL
- What is India's primary concern regarding US deportation flights? (A) Flight duration (B) Shackling & treatment of deportees (C) Cost sharing (D) Flight routes
UPSC Mains Topics for Practice Essays
- "Examine India's bilateral relations with the US in the context of deportation of Indian nationals. How does India balance its obligations with human rights concerns?" (20 marks)
- "Discuss the role of human trafficking in illegal emigration. What steps has India taken to address this through the Immigration & Foreigners Act 2025?" (15 marks)
- "Analyze international law principles governing deportation of nationals. What is India's diplomatic position on the treatment of deportees?" (15 marks)
Banking & PSC Exams (Current Affairs)
- EAM S. Jaishankar recently discussed deportation issues with which country? (A) UK (B) Canada (C) USA (D) Australia
- The Immigration & Foreigners Act was notified in which year? (A) 2023 (B) 2024 (C) 2025 (D) 2026
- NIA's anti-human trafficking division has registered how many cases (as of Dec 2025)? (A) 10 (B) 19 (C) 27 (D) 35
Key Concepts for Exam Preparation
- International Law on Deportation: Right of nations to deport illegal aliens; reciprocal repatriation obligations
- Bilateral Diplomacy: India-US cooperation on law enforcement; balanced engagement on sensitive issues
- Human Trafficking: Organized crime industry; nexus with illegal emigration; NIA's investigative role
- Consular Affairs: Embassy responsibilities for citizen protection abroad; diplomatic protests; repatriation procedures
- Constitutional Rights: Balancing national interest with individual rights; due process in deportations
📝 Key Takeaways for Exam Preparation:
- ✓ 18,822 Indian nationals deported from US since 2009; 3,258 in 2025 (highest annual figure)
- ✓ US ICE deportation SOP since 2012 permits shackling for security; India raising human rights concerns
- ✓ High-profile case: 73-year-old Harjit Kaur maltreated during detention; formal diplomatic protest filed
- ✓ India's response: Active US engagement, anti-trafficking crackdowns, streamlined visa processing
- ✓ NIA: 27 human trafficking cases, 169 arrests; Punjab maximum trafficking cases
- ✓ Immigration & Foreigners Act 2025: New detention architecture; stricter penalties for forged documents
- ✓ Parliamentary debate: Opposition concerns on shackling; government emphasizing anti-trafficking efforts
Why This Matters: Diplomatic & Strategic Implications
- ✓ India-US Strategic Ties: Deportation diplomacy is barometer of bilateral relationship health; rising deportations despite strategic partnership highlight complexities
- ✓ Human Rights Accountability: India asserting soft power through diplomatic protests; balancing economic/security ties with humanitarian concerns
- ✓ Illegal Migration Crisis: 3,258 deportations in 2025 signal underlying problems in emigration networks; anti-trafficking efforts must intensify
- ✓ Punjab & Border Security: High trafficking concentration in Punjab reflects vulnerability of border states; intersects with national security
- ✓ Parliamentary Oversight: Deportation issue becoming legislative priority; government accountability on consular affairs improving
- ✓ International Law Precedent: India's approach to deportation diplomacy models balanced negotiation for smaller nations with larger partners
— End of Report —
Sources:
- DD News (DDNews.gov.in), News on Air, New Indian Express, Telegraph India, Reuters
- Rajya Sabha & Lok Sabha Parliamentary Records (Feb 5, Dec 3, 2025)
- Ministry of External Affairs official statements & consular affairs data
- NIA official reports on human trafficking investigations
- Drishti IAS on Immigration & Foreigners Act 2025
- December 3, 2025 – Latest Parliamentary Statement
