Stopped by immigration officers? What Indians in US can do explained

Recent data shows a rise in detainees in the US with no criminal convictions or pending charges

The Trump administration has pledged to prioritise the “worst first” in immigration enforcement, but recent data shows a rise in detainees with no criminal convictions or pending charges. In the first two weeks of February, 1,800 such individuals were taken into custody by Immigration and Customs Enforcement (ICE), making up 41% of the 4,422 new detainees during that period, according to figures obtained by US-based NBC News.

 

What immigrants should know if approached by US immigration officers?

 

Abhisha Parikh, a US-based immigration attorney, shared advice in a social media post on what to do if stopped by ICE:

 

 

1. Remain calm. Do not run.  

  2. If you’re stopped by Immigration and Customs Enforcement (ICE), ask them “Am I free to leave?” If you are, calmly walk away.  

  3. Ask agents to show you their badges. ICE agents sometimes wear uniforms that say "Police" even though they are not police officers; it is important to confirm what agency officers work for.  

  4. You have the right to remain silent, even if the officer has a warrant. Anything you say – including sharing the country in which you were born, your immigration status, or your criminal history – can be used against you.  

  5. Do not physically resist or reach for your belongings without permission, even if you think ICE officials are acting unfairly or unlawfully.

  6. You have the right to say no to searches of your car, house, phone, or person. You cannot be arrested for refusing to consent to a search. However, ICE may search or “frisk” you if they are placing you under arrest, or if they have a valid search warrant signed by a judge.  

  7. You do not have to talk about your immigration status or present immigration-related documents to ICE. If an agent asks you for immigration documents, what you need to provide depends on your immigration status:  

  8. US citizens do not have to carry proof of citizenship if they are in the United States.  

< If you have valid immigration documents and are over the age of 18, the law requires that you carry those documents with you.  

< If you are an immigrant without documents, you can decline the officer’s request, although an agent may then ask you more questions. You have the right to remain silent even if the officer asks questions.

  9. Never lie or present fake or fraudulent documents. If you do not have valid immigration documents or if you only have identification from a foreign country (like a foreign passport), tell officers that you want to remain silent and want to speak with a lawyer.  

  10. ICE cannot hold you unless they have reason to think you are in the country without authorisation or have violated an immigration-related criminal law. Race or ethnicity alone are not valid reasons to stop you.  

  11. Make a plan ahead of time with family and friends in case you are ever arrested by ICE. Memorise important phone numbers and make emergency plans with people you trust.  

  12. Do not sign anything before talking to a lawyer.  

 

If arrested by ICE:

< Request a lawyer.

< Inform authorities that you will remain silent.

< Say nothing else. 

Legal options before undocumented Indians  

Indians must note that individuals who attempt to enter the US through illegal means face long-term consequences. Those deported may struggle to re-enter, even through legal means. 

Ajay Sharma, founder of Abhinav Immigration Services, said, "There are not many legal pathways for those on illegal status, especially the ones with criminal records. Even those without criminal records who try to file in any permitted category must leave the country once to get new status validated, and the probability of being denied re-entry is still very high."

 

"The scope of entry and residency in other key destinations also gets restricted under the circumstances," he added.

 

Jonathan Grode, US practice director and managing partner at Green and Spiegel, an immigration law firm in Philadelphia, explained the limited options for those who have entered illegally.

 

"Options really depend on the person’s individual status and if they have family or other means of staying in the US, such as asylum. Generally speaking, employment sponsorship is not an option," he said.

 

"If you are a visa overstay, marriage to a US citizen can quell the issue – but no other filing really can. So even if you had an employer, it does not mean you can get status. The only other real avenue is asylum – but that is predicated on a specific fear of harm if you return to your home country," Grode added.

ICE detention numbers and backlog

 

During the 2024 federal financial year, the Biden administration carried out 113,431 immigration arrests, with 28% involving individuals with no criminal convictions or pending charges, NBC data shows.

 

New figures from ICE indicate detention centres are nearing full capacity. The number of detainees rose from 39,238 in early February to 41,169 by mid-February. ICE’s nationwide detention capacity is 41,500. The data does not specify how many detainees were deported or released through the Alternatives to Detention programme during this period.

 

Two major factors are affecting processing times:

 

Limited detention space

Court backlog slowing removals

 

Only 13% of detainees are set for “expedited removal,” meaning they can be deported without a court hearing. The remaining 87% are undergoing deportation proceedings that may take months or even years.

 

The US immigration court backlog has now reached 3.6 million cases, causing lengthy delays. At least 16,000 current ICE detainees have been issued notices to appear in court but are still waiting for hearings.

 

Trump administration moves detainees to Guantanamo Bay

 

The Trump administration has begun transferring immigration detainees to Guantanamo Bay, with plans to house as many as 30,000 people there. So far, 112 detainees have been moved, with additional transfers expected.

 

Undocumented Indian immigrants in the US

 

India's Minister of State for External Affairs, Kirti Vardhan Singh, recently told the Rajya Sabha that the Indian government has no official data on undocumented Indian immigrants in the US. He said many would have left India legally but overstayed visas or entered without valid documentation.

 

A US Department of Homeland Security report estimated that 11 million people were living in the US illegally in 2022, with the largest groups from Mexico, Guatemala, El Salvador, and Honduras. The number of unauthorised Indian immigrants fell by 54% from 480,000 in 2018 to 220,000 in 2022.

 

In the last four years, ICE has detained one million immigrants, including nearly 25,000 Indians. The number of detained Indians peaked at 9,207 in 2022, up from 1,835 in 2021, before declining in 2023 and 2024.