Source: Times of India

Introduction

Donald Trump's plans for a massive increase in deportations of undocumented immigrants, he stated in his Speech. Donald Trump and his allies have proposed unprecedented measures to ramp up immigration enforcement and remove large numbers of people from the country. He has emphasized his commitment to deporting undocumented immigrants.

During his 2016 campaign, he declared, "We are going to get them out, and we're going to get them out fast." In his 2024 campaign, he pledged to "begin the largest deportation operation in the history of our country." His running mate, JD Vance, estimated that this operation could remove 1 million people per year. Donald Trump's immigration adviser, Stephen Miller, suggested that National Guard troops from cooperative states could be deployed to assist with deportations.

What is Nationality?

• About
  • The right to a nationality is a fundamental human right that is crucial for the realization of other human rights. It provides diplomatic protection and is often a legal requirement for exercising various rights.
  • International human rights instruments, such as the Universal Declaration of Human Rights and the Convention on the Rights of the Child, recognize the right to a nationality and prohibit arbitrary deprivation of nationality.
  • Despite this recognition, there are currently around 10 million people worldwide who are stateless, meaning they are not recognized as a national by any state under its laws.
  • The 1954 Convention Relating to the Status of Stateless Persons defines a stateless person as "a person who is not recognized as a national by any State under the operation of its law."
  • The 1954 Convention aims to protect the fundamental rights of stateless persons, including their rights to education, housing, employment, and access to courts and public relief.
  • However, the 1954 Convention has limitations, as it only protects stateless persons who are lawfully present in a state's territory, while many stateless persons lack the necessary documentation to gain lawful entry.
  • The 1961 Convention on the Reduction of Statelessness provides more detailed provisions for the acquisition of nationality and the prevention of statelessness, but it is also not widely ratified by states.
• Modes of Acquisition of Nationality:
  • By Birth: Acquiring the nationality of the state where one is born and/or the nationality of one's parents.
  • By Naturalization: Long-term residents of a foreign state can acquire nationality through naturalization.
  • By Resumption: Individuals who lost their nationality can regain it under certain conditions.
  • By Subjugation: Citizens of a conquered state acquire the nationality of the conquering state.
  • Cession: Citizens of a ceded territory acquire the nationality of the state to which their territory is merged.
  • Other Modes: Such as acquiring nationality through public service in another state.
• Loss of Nationality:
  • By Release: Some states allow citizens to apply for release from their nationality.
  • By Deprivation: Nationals may be deprived of their nationality for reasons such as unauthorized foreign employment.
  • Long Residence Abroad: Long-term residence abroad can result in the loss of nationality.
  • By Renunciation: Individuals with multiple nationalities may renounce one nationality.
  • By Substitution: Acquiring the nationality of one state in place of another.
• Double Nationality and Statelessness:
  • Double nationality arises when a person has the nationality of more than one state, often due to marriage or birth in a foreign state.
  • The Universal Declaration of Human Rights affirms the right to nationality and prohibits arbitrary deprivation of nationality.
  • Statelessness occurs when a person does not possess the nationality of any state, leading to significant hardships.
  • The 1954 and 1961 Conventions aimed to address the issue of statelessness, but many states have not ratified these conventions.

Who are Migrants?

• Migrants are people who have moved voluntarily within one state to improve their situation.
• Migrants are people who were compelled to move internally within one state.
• Migrants are people who moved voluntarily across a border to improve their situation.
• Migrants are people who are compelled to move across a border.
• Migrant workers are engaged or will be engaged in a remunerated activity in a state of which they are not a national.
• Non-documented or irregular migrant workers are people who enter a country without authorization for the purpose of obtaining employment.
• Refugees are people who have a well-founded fear of persecution and are outside their country of nationality.
• Smuggled persons are people who have been illegally transported across a border for the financial benefit of the smugglers.
• Stateless persons are people who are not considered as a national by any state under the operation of its law.
• Trafficked persons are people who have been recruited, transported, transferred, harbored or received by force, coercion or deception for the purpose of exploitation.

What are the Rights of Migrants?

• The right to life and the duty of states to prevent loss of migrant life during border crossings.
• The right to equality and non-discrimination in the enjoyment of human rights.
• The right to be free from arbitrary arrest and detention, with procedural safeguards in place.
• The right to be free from torture or inhuman treatment, including during detention.
• The right to non-refoulement, which prohibits returning migrants to places where they face persecution or serious harm.
• The right to protection against collective expulsion, with each case being decided individually.
• The right to procedural safeguards in individual expulsion proceedings, including the opportunity to appeal.
• The right to respect for family life and the consideration of family ties in decisions on admission, detention, or expulsion.
• The right to be protected against labor exploitation, including forced labor, slavery, and servitude.
• The right to social security and the ability to access social security benefits earned through contributions.
• The right to the highest attainable standard of physical and mental health.
• The right to primary education for migrant children, regardless of their or their parents' immigration status.
• The right to freedom of movement within the territory of the state and the right to leave a state.
• The right to enjoy one's culture, religion, and language in community with others, if the migrant belongs to an ethnic, religious, or linguistic minority group.

Alien Enemies Act

• Purpose: Alien Enemies Act is a law that was enacted in the United States in 1798 as part of the Alien and Sedition Acts. The act was originally designed as a wartime measure, granting the president the authority to detain or deport nationals of a hostile foreign country, even without a trial, during times of declared war or if there is a credible threat of invasion or "predatory incursion" against the U.S.
• Historical Usage: The act has been invoked three times in U.S. history - during the War of 1812, World War I, and World War II. It was used to target and detain immigrants from enemy nations like Germany, Austria-Hungary, Japan, and Italy, including the notorious internment of Japanese Americans during WWII.
• Donald Trump's Proposed Use: Former President Donald Trump has signaled his intention to invoke the Alien Enemies Act to address undocumented immigration, arguing for a broader interpretation of "invasion" and "predatory incursion" to encompass issues like illegal border crossings and drug trafficking.
• Constitutional Concerns: The act raises concerns about discrimination, due process, and indefinite detention, as it allows for identity-based detentions and deportations without trial. Courts have generally upheld presidential authority under the act, but there are potential avenues for challenging its unconstitutional application.
• Calls for Repeal: Some members of Congress have introduced a bill called the "Neighbours Not Enemies Act" to repeal the Alien Enemies Act, arguing that modern immigration, intelligence, and criminal laws already provide sufficient tools to address national security threats.

Conclusion

Donald Trump's proposals would represent a significant escalation of immigration enforcement, potentially leading to the deportation of millions of people. While his supporters believe these measures are necessary, critics warn they would be costly, divisive, and inhumane. The ACLU and other advocacy groups are preparing legal challenges to any steps they view as overreach or constitutional violations. Stephen Miller, Donald Trump’s immigration adviser during his first term, suggested that cooperative states might deploy National Guard troops to resistant states to assist with deportations, a move likely to spark legal battles. Donald Trump also plans to invoke the Alien Enemies Act of 1798, allowing rapid deportation of alleged gang members.