I wonder who six-year-old Gurupreet Kaur – who died of heatstroke in the Arizona desert while trying to crossover into the United States from Mexico in June 2019 – could have been today. She loved to dance, and was a stellar student – whom her grandfather fondly remembers as a young girl who stood first in her second grade. She was smart and fearless. A whole life was ahead of her, but it was snuffed out too soon. She shouldn't have died.  

While Kaur suffered a heatstroke on the US’s southern border, 2,000 miles north and three years later, an Indian family of four froze to death attempting to cross from Canada to the US.

These are not isolated stories. Thousands of South Asians arrive at the US borders annually, often paying human smugglers to help them make the perilous journey across the Atlantic and through Central America.

In 2016, 2,788 Indians, 518 Bangladeshis, 531 Nepalis and 223 Pakistanis attempted to enter the United States through the US' southern border without proper documentation. These numbers have only kept increasing. Just in the four months between October 2021 and January 2022, 6,229 migrants of Indian origin were apprehended at the US borders due to illegal entry. 

Thus, the conception that the US border – and by extension the undocumented population in the US –  is entirely composed of those from Mexico and Central America is inaccurate. In fact, after migrants from Latin America, “more Indians are detained at the US border than citizens of any other country”.

These Indians claim they are fleeing poverty besides political and religious violence – a phenomenon immigration lawyers have linked to either economic strife, the rise of India’s current government (the BJP), or communal violence more generally. These migrants also include hundreds of unaccompanied minors or children under the age of 18 who arrive at the borders without a guardian.

Also read: The Gujarati Family That Froze to Death in Search of the 'American Dream'

While those at the borders already struggle to realise their rights of due process when petitioning for asylum (especially with policies such as Title 42 that allows for the immediate expulsion of asylum seekers), language and cultural barriers are additional hurdles for South Asians.

Language access routinely has life-or-death consequences for migrants navigating the immigration system, from accessing proper healthcare to advocating for themselves in front of immigration officers. Although border patrol agents, NGOs and advocacy groups at the borders tend to either offer Spanish-speaking services or speak Spanish themselves, help for South Asian languages can be nearly impossible to obtain.  

Burden of model minority myth

Additionally, the "model minority myth", or the stereotype that all Asian-Americans are successful, has precluded many of us from addressing the dire situations of the countless Indians – to be specific, at least 6,32,000 people – who reside in the United States without proper documentation (data on undocumented South Asians as an aggregate is not available).

Indian-Americans are often lauded as being one of the highest earning immigrant groups in the US. The overwhelming focus on the successes of select Asian-American groups has detracted our attention from the very real struggles many in Asian-American communities must go through.

Without documentation, South Asians struggle to access healthcare, work in exploitative conditions for below-market wages, are ineligible for important safety-net benefits and are more likely to stay in abusive relationships. More so, without immigrant aid organisations that cater to South Asian populations, many continue to stay in silence out of fear. Lack of outreach is especially harmful to undocumented South Asian youth, who are likely under-represented in DACA (Deferred Action for Childhood Arrivals) applications, a policy that protects children from deportation.  

As legal pathways for immigration from India become overly restrictive, Indian migrants will find themselves further constrained and without options. The majority of white-collar undocumented Asians tend to overstay their visas, a phenomenon that will become more pronounced as it can take up to 196 years for an Indian just entering the Green Card line to get one. For those who are fleeing violence and arrive at the US borders, their pleas will not be heard; Title 42 has made it so these migrants will be rapidly expelled without an opportunity to petition for asylum. 

South Asian Americans must discuss and recognise immigration as a core issue our community faces. There are undocumented people within our community who lack adequate resources and legal aid, along with the thousands of South Asian "documented dreamers", children of long-term visa holders, who risk being deported once they turn 21. It's time for a change. We must keep fighting for a more just immigration system for all. 

Madhumitha Krishnan is a Gardner Legislative Fellow at the US Congress on immigration issues. 

The Wire is now on WhatsApp. Follow our channel for sharp analysis and opinions on the latest developments.