With Trump Winning the US Election

Donald Trump's recent victory in the US election, securing the trust of nearly half the nation, underscores the prominence of his various agendas. Among these are women's reproductive rights, immigration policies—specifically the contentious issue of mass deportation-and combating inflation. Collectively branded as Agenda 47, these policies represent his vision for America. Of particular interest here is his proposal for mass deportation, which provides an opportunity to explore parallel frameworks, such as India's immigration laws.

For this purpose, we will delve into three key statutes:

• The Foreigners Act, 1946
• The Passport (Entry into India) Act, 1920
• The Registration of Foreigners Act, 1939

The Passport (Entry into India) Act, 1920

This foundational legislation, despite its age, continues to hold relevance, albeit with amendments over time. The original 1920 Act laid down basic principles, defining "entry" as the act of arriving in India by air, land, or water. It established the necessity of possessing a valid passport for entry and outlined penalties for non-compliance. Furthermore, the Act granted specific powers of arrest and removal. For instance, officers of the police (not below the rank of sub-inspector) and authorized customs officials were empowered to apprehend violators. In essence, the Act served as a framework for regulating entry into India and prescribed procedures for addressing violations.

The Foreigners Act, 1946 (Amended as of December 3, 2018)

This Act empowers the central government to regulate and control the entry, movement, and presence of foreigners in India. Under Section 3, the government is authorized to issue general or specific orders pertaining to:

• Prohibiting, regulating, or restricting the entry or exit of foreigners.
• Specifying modes of entry or departure.
• Restricting movement or requiring foreigners to reside in designated areas under supervision (referred to as being "on parole").

The Act also provides for measures such as:

• Mandatory submission of photographs, fingerprints, and handwriting samples.
• Subjecting foreigners to medical examinations.

Additionally, it allows the government to detain, arrest, or confine foreigners as deemed necessary. Those under supervision may be accompanied by designated personnel, and the terms of detention or parole are determined by government orders.

The Registration of Foreigners Act, 1939

This Act mandates the registration of foreigners entering, staying in, or leaving India. It authorizes the central government to issue rules requiring:

• Foreigners to report to designated authorities within a prescribed timeframe and manner.
• Updates on movement from one location to another or upon departure from the country.
• Managers of hotels, boarding houses, and similar premises to report the presence of any foreigner staying there.

Penalties for non-compliance include imprisonment of up to one year, a fine of ₹1,000, or both. Interestingly, Section 10 of the Act exempts individuals from legal proceedings for actions performed "in good faith" under its provisions, though "good faith" remains undefined.

International Laws Governing Migration

Asylum for International Migrants

It is important to note that asylum is not a legal right for individuals. The decision to grant asylum rests solely with the government of the host country, making it an act of humanitarian goodwill rather than a legal obligation. While migration often occurs for better opportunities—such as education, healthcare, or employment— asylum seekers are typically compelled to leave their countries due to dire circumstances.

International Migration Law (IML): A Migrant's Rights

Migrants often face significant challenges in accessing justice, necessitating international oversight. This is where the International Migration Law Unit (IML) plays a crucial role.

• Threats of detention or deportation, even when reporting crimes.
• Limited legal remedies due to their immigration status.

The International Covenant on Civil and Political Rights (ICCPR) under Article 2(3) ensures access to remedies for violations of migrant rights. While not all remedies are judicial, cases involving rights to life, protection from torture, or enforced disappearances require judicial review. Remedies must be proportional to the gravity of the violations.

Rights of Migrant Workers

Under Article 15 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (ICRMW), migrants cannot be arbitrarily deprived of property. Compensation must be provided for any expropriation. Furthermore, Article 14 guarantees access to fair trials to protect property rights.

Rights of Detained Migrants

The ICCPR (Article 9.2) and ICRMW (Article 16) emphasize that detained migrants and their families must be informed of the reasons for detention in a language they understand. Migrants also have the right to:

• Access consular services.
• Legal representation.
• Engage with external agencies, such as human rights organizations and NGOs.

Conclusion
International and regional human rights norms provide a robust legal framework to ensure access to justice for migrants. These norms are vital to preventing states from acting arbitrarily against immigrants, refugees, or asylum seekers. While domestic laws, such as those in India, govern the treatment of foreigners, adherence to international standards ensures humane treatment and equitable justice.

As nations navigate complex migration challenges, the synergy between domestic legislation and international norms is crucial to upholding the dignity and rights of migrants on foreign soil.