Beware of fraud immigration agents! Know all the legal risks involved

Cold, isolated, in the middle of the frozen tundra. On a long arduous path, to get one shot at the elusive ‘American’ dream.

An Indian family made global headlines in January, after they froze to death while being trafficked across the Canadian border, into the United States.

The family of four from Gujarat were identified as, Jagdish Patel (39), his wife Vaishali (37), their 11-year-old daughter Vihangi and 3-year-old son Dharmik.

Media reports said, they set off from a small village, Dingucha in Gujarat, on 10th January, with Canada visitor visas stamped in their passports.

They landed in Toronto on 12th January. Six days later, the family arrived in Emerson, a tiny town on the Canada-US border where night-time temperatures regularly drop below -35 degrees centigrade in winter.

They were dropped off at a nearby point in brand new coats and gloves, and then began making the treacherous journey to America on foot, in the pitch dark.

The next night, the Patel family were discovered frozen to death in the snow, 12 metres away from the US border.

Success stories of Indians who managed to make a better life for themselves abroad, are like a beam of hope for many back home, who are dreaming of a similar future.

For many families here in India, settling in America is a matter of dignity and social prestige, they feel the need to keep chasing the dream, no matter the cost.

Naresh Gehi, an Indo-US Lawyer and the Director of Gehi’s Immigration and International Legal Services is an expert in complex Immigration strategies, he explains why the American dream is so deep-rooted in the Indian psyche.

So, why are Indians crossing into the US illegally?

According to a 2021 report published by the New American Economy, an American think tank, out of the 10.3 million undocumented immigrants in the US, 5,87,000 were from India; the third-largest share.

Human smuggling into the US is a multi-million dollar business.
According to reports, it can cost anywhere between Rs 50 lakh to Rs 70 lakh per person to enter the US illegally.

But innocent families in smaller cities and villages, often fall prey to immigration agents, and end up taking massive loans or selling their lands to pursue their American dream.

But these unregulated agents never tell them of the risks that they may encounter on the way.

The Patel family’s death also sheds light on the flourishing human trafficking and smuggling industry in India which feeds on poor or uninformed people's dreams to settle in the US to pursue the 'American dream'.

Estimates put real number of immigration agents operating in India is close to 100,000. Most are unregulated.

Most of these agents are often small-time criminals who lure clients on social media and operate informally — playing up their foreign contacts.

These agents charge vast sums, to help people obtain visitor visas or student visas at dubious institutions in Canada, after which they illegally overstay.

While the appetite for the American dream still doesn’t wane, illegal immigrants are often unaware of the legal risks that are involved.

Exploitation by smugglers or dubious employers
Smugglers and dubious employers, in many cases, if the migrants are women, sexually harass or even traffick into prostitution.

Restrictive access to healthcare services
Illegal migrants suffer worse due to mental and physical ailments. The US border authorities tend to allow unauthorised migrants to reside temporarily, but they are not entitled to legal health benefits in cases of emergency.

Unfair treatment in detention facilities
I.C.E. or the Immigration and Customs Enforcement, a federal agency of the U.S. Department of Homeland Security, has come under criticism for treatment of these migrants in detention facilities, mistreating minors, separating families, and even abuse.

Criminal penalties for entering the US illegally
Finally, when caught, illegal migrants can be slapped with heavy penalties along with a jail term of up to six months or more.

The question remains, whether such desperation is worth the efforr. Would these families not be better off exploring progressive avenues in India ?

Here is where the govt can help. Setting up new schemes for gainful employment can help keep Indians in India.