India Mulls New Law To Regulate Overseas Migration Amid US Deportations: MEA

As the first group of illegal Indian immigrants is deported from the United States under the Trump administration's second term, the Indian government is "seriously considering" enacting a new law, provisionally titled the Overseas Mobility (Facilitation and Welfare) Bill, 2024, to create a framework that promotes "safe, orderly and regular migration for overseas employment."

This was revealed in a report presented in the Lok Sabha on Monday by the Parliamentary Standing Committee on External Affairs, chaired by Congress MP Shashi Tharoor, reported the Indian Express.

In response to the committee's specific inquiry regarding the status and objectives of the proposed Emigration Bill 2023, the report states that the Ministry of External Affairs (MEA) has submitted that the new legislation-Overseas Mobility (Facilitation and Welfare) Bill, 2024-is intended to replace the Emigration Act of 1983 and facilitate the movement of individuals seeking employment abroad.

"It aims to establish an enabling framework which will promote safe, orderly and regular migration for overseas employment. The proposed draft is under consultation with line Ministries. After the internal consultations, the draft will be put up for public consultation for 15 to 30 days, after which it will be followed up by inter-ministerial consultations along with the Draft Cabinet Note on the revised draft," the MEA submission states.

Given the "contemporary global migration dynamics and the needs of Indian citizens," the committee has, over the years, stressed the urgency of replacing the outdated Emigration Act 1983 with a more comprehensive legal framework.

"After much delay, the Ministry is seriously considering enacting a new law tentatively titled 'Overseas Mobility (Facilitation and Welfare) Bill, 2024.' The Ministry has further informed the Committee that the proposed draft is under consultation with line Ministries and will, thereafter, be put up for public consultations. The Committee desires that it should be consulted on the salient features of the Bill, and the enactment of a revised act reflecting changed global migration realities should be done in a time-bound manner, i.e., not later than one year," the report states.

It further specifies that an update on progress should be submitted to the parliamentary panel within three months.

The MEA also informed the committee that the Protector of Emigrants works closely with Indian embassies and consulates to support Indian emigrants in various ways, ensuring their welfare, addressing grievances, and handling issues related to overseas employment.

The ministry highlighted that Indian missions and consulates raise awareness among emigrants and issue advisories to prospective migrants.

These awareness initiatives provide information on safe migration practices, registered recruiting agents, valid foreign job opportunities, and ways to avoid fraudulent recruitment agencies.

Furthermore, Indian embassies assist in resolving grievances filed by emigrants, including cases of mistreatment, contract violations, and non-payment of wages by foreign employers or fraudulent practices by registered recruiting agents.

In cases of exploitation or distress, the embassies facilitate the rescue and repatriation of affected emigrants. They also provide assistance to family members and relatives by informing them of the emigrant's safe return and any necessary follow-up actions in India.

These coordinated efforts aim to ensure the safe and legal migration of Indian workers, particularly in countries with high levels of migration where Indian workers are more vulnerable to exploitation, the MEA told the parliamentary panel.

The House panel's report is particularly significant as the Trump administration has identified approximately 20,000 Indian illegal immigrants for mass deportation. Indians constitute around 725,000 illegal migrants in the US-the largest group outside Central and Latin America.