MODULE 2

Immigration is the process of moving to a new country or region with the intention of staying
and living there. This movement is typically across national borders, and people who engage
inimmigration are known as immigrants.

Immigration implies long-term permanent residence by the immigrants. Tourists and short-
term visitors cannot be considered as immigrants. However, seasonal labour migration is
often treated as a form of immigration.

People may choose to immigrate for a variety of reasons, as follows:

Push Factors of Immigration

Push factors are often rooted in challenging conditions in the home country. These factors
include:

 Poverty: Lack of economic opportunities and extreme poverty can be a powerful push factor
for individuals and families seeking a better life.
 Overpopulation: High population density can contribute to resource scarcity and limited
opportunities, further driving individuals to seek new living conditions.
 Lack of Jobs: A scarcity of employment opportunities can prompt individuals to seek work
abroad in search of better prospects.
 Lack of Social Mobility: Limited prospects for personal and professional growth in the home
country can lead individuals to seek opportunities elsewhere.
 War and conflict : Oppression based on ethnicity, religion, gender, race, and culture poses a
significant risk to quality of life, increasing the odds of an individual settling elsewhere.
Individuals fleeing conflict zones, human rights violations, and government persecution are
often in search of international protection and a safer region. These individuals are known as
asylum seekers, and those who are forcibly displaced because of external factors, such as war,
are refugees.
 Environmental Factors : Natural disasters and climate change are environmental factors
that disproportionately affect impoverished families, leading to immigration. Individuals
regularly experiencing floods, hurricanes, and earthquakes are likely to immigrate to avoid
the adversities of nature.

Pull Factors of Immigration

Pull factors represent the allure of a new country and the opportunities it offers. These factors
include:

 Higher Wages: The prospect of better financial rewards can entice individuals to immigrate
in search of higher-paying jobs.
 Better Employment Opportunities: Access to a wider range of job prospects can be a strong
pull factor for immigrants seeking career advancement.
 Higher Standard of Living: The promise of an improved quality of life, including access to
better healthcare and infrastructure, can attract migrants.
 Educational Opportunities: Access to quality education and the potential for personal and
professional growth can draw individuals to immigrate.
 Family Reunification: Family reunification is a common motivation for immigration.
Individuals may move to join family members who are already residing in the destination
country. Many countries have policies that prioritize family reunification in their immigration
systems.
Advantages of Immigration

 Boosting economic growth by increasing the productivity (Filling essential workforce

needs)
 Immigration facilitates cultural exchange, allowing people from different backgrounds
to interact and learn from each other. This exchange can lead to a more interconnected
and tolerant society.
 Driving Innovation and creating new business (For example, in the technology
industry, immigrant entrepreneurs have founded many successful startups and large
companies. Elon Musk, the CEO of Tesla and SpaceX, and a co-founder of PayPal, is
an immigrant from South Africa. Additionally, Sergey Brin, a co-founder of Google,
immigrated to the United States from Russia. His work has had a profound impact on
the internet and technology space. Their diverse perspectives and experiences often
lead to the creation of new businesses that cater to the needs of different communities
and markets, thereby fueling economic growth and innovation)

Disadvantages of Immigration

 Economic Pressure on Low-Skilled Jobs: Critics argue that immigrants, particularly

those with low skills, may compete with native workers for jobs in certain sectors,
leading to a potential oversupply of labor and lower wages for low-skilled workers.
 Cultural and Social Impact: Some individuals express concerns about the impact of
immigration on the cultural fabric of a society. They fear that large numbers of
immigrants may lead to the dilution of national identity and cultural values.
  Integration Challenges: Integration of immigrants into the host society can be
challenging. Language barriers, cultural differences, and discrimination may impede
the smooth integration of immigrants, leading to social tensions.
 Pressure on Housing: In areas with high levels of immigration, there may be
increased demand for housing, potentially leading to rising property prices and
reduced affordability for both immigrants and native residents.
 Strain on Infrastructure: Increased population due to immigration can strain
existing infrastructure, such as roads, public transportation, and utilities, leading to the
need for additional investments to accommodate the growing population.

Other aspects related to immigration

Legal Processes and Documentation:

Immigration is typically subject to legal processes and requirements. This includes obtaining
thenecessary visas, permits, or other documentation to enter and reside in the destination
country. Legalimmigration channels vary by country and may include family-sponsored
immigration, employment-based immigration, and humanitarian programs.

Cultural and Social Integration:

Immigration involves cultural and social integration as individuals adapt to the customs,
language,and social norms of the destination country. Successful immigration often involves
a two-way processwhere both immigrants and the receiving society undergo changes and
adjustments.
 LOSS OF NATIONALITY
Meaning of Nationality
'Nationality' is the condition or status of belonging to a Nation or State, either by birth or
naturalization.
According to Oppenheim, 'Nationality' of an individual is his quality of being a subject of a certain
State, and therefore its citizens.
According to Cheshire and North, ".Nationality represents a man's political status, by virtue of
which he owes allegiance to some particular country.”
Charles G Fenwick, “ Nationality as bond which unites a person to a given state, which constitutes
his membership in a particular state and which gives him a claim to protection of that state
Nationality and India
The Constitution of India does not use the expression 'nationality'. Instead, the expression 'citizenship'
has been used. Part II of the Constitution simply declared as to who shall be the citizens of India at the
commencement of the Constitution. It left the entire law of the citizenship to be regulated by law
made by the Parliament. Such a legislation was enacted as Citizenship Act, 1955. In India a person
has one citizenship i.e. the Indian citizenship.
Modes of Acquiring Nationality
According to Oppenheim, there are five modes of acquiring nationality.They are:
1. The first and the most important mode of acquiring nationality is by birth. Many people
acquire nationality automatically by being born in a particular country. This is known as jus
soli (right of soil) or birthright citizenship.
2. The second mode of acquiring nationality is by naturalization.Individuals can acquire
nationality through a legal process called naturalization. This usually involves meeting certain
residency requirements, demonstrating language proficiency, and fulfilling other criteria set
by the country's immigration laws.
3. The third mode of acquiring nationality by reintegration or resumption.Such individuals who
having lost their original nationality by their long residence or naturalisation abroad may
recover or resume their original nationality on fulfilling certain conditions.
4. The fourth mode is by subjugation. Subjugation implies consequence and annexation of
territory conquered.
5. The fifth mode is by cession of territory.

Loss of Nationality
Following are the modes of loss of nationality.
1) By release
In some States law provides that the citizen may lose nationality by release. In the loss of nationality
by release it is necessary to submit voluntarily an application for release. If the application is
accepted, the person concerned is released from the nationality of the State concerned.
2) By deprivation
In certain States law may provide that if the national of that State without seeking prior permission of
the Government obtains employment in another State, he will be deprived of his nationality.
3) Long residence in abroad
Yet another mode of the loss of nationality is the long residence abroad. State laws of many States
contain provisions in this connection that if a person resides for a long period in abroad, his
nationality ceases.
4) By renunciation
A person may also renounce his nationality. The need for renunciation arises when a person acquires
nationality of more than one State. In such a condition, he has to make a choice as to of which country
he will remain the national. Consequently, he has to renounce the nationality of one State.
5) Substitution
Some States provide for the substitution of nationality. According to this principle, a person may get
nationality of a State in place of the nationality of another State. This is called nationality by
substitution whereby he loses the nationality of one State and acquires the nationality of another State.

Nationality and Citizenship

Nationality has reference to the jural relationship which may arise for consideration under
international law while citizenship has reference to the jural relationship under municipal law.
Nationality determines the civil rights of a person, natural or artificial, particularly with reference to
international law, whereas citizenship is intimately connected with civil rights under municipal law.
Nationality cannot have the fundamental rights while the citizenship is accompanied with the
residence.
The rigour of the penal consequences under the 1946 Act was highlighted by the Supreme
Court of India in 1955 in the matter of Hans Muller v. Superintendent Presidency Jail.2 It was
held that:
The Foreigners Act confers the power to expel foreigners from India. It vests the Central
Government with absolute and unfettered discretion and, as there is no provision fettering this
discretion in the Constitution, an unrestricted right to expel remains.

Laws and bodies relating to immigration in india

1. Foreigners Act, 1946
2. Foreigners Order, 1948
3. Registration of Foreigners Rule 1939
4. Ministry of Home Affairs
5. Citizenship Amendment Act, 2019
 In sum and substance, the Act grants Indian citizenship to Hindus, Christians,
Sikhs, Buddhists, Jains and Parsis who came to India from Afghanistan,
Pakistan and Bangladesh before 31 December 2014. Hence, people of these
religions from these three countries will have an opportunity to obtain Indian
citizenship, even if they do not have requisite documentation in support of
their claims. Furthermore, such people will not be deported for not possessing
documents proving their Indian citizenship, as they will not be treated as
illegal migrants. The criticisms of this Act come from people professing the
Muslim religion, of whom there is no mention and who have been excluded
from the purview of the amendment specifically.
 Another notable feature of the Citizenship (Amendment) Act 2019 stipulates
that an Overseas Citizen of India (OCI) cardholder's registration shall not be
cancelled unless the cardholder is granted a reasonable opportunity of being
heard by the competent authority. This will promote fairness and adherence to
principles of natural justice before cancellation.