Student detentions: U.S, Indian sides seek resolution

Students are culpable, says U.S. State Department; Indian side trying to impress upon the U.S. need to distinguish between the Farmington University racketeers and their “victims”.

February 05, 2019 08:13 am | Updated 09:12 pm IST - Washington

The South Texas Detention Complex where some of the detained Indian students are lodged. Photo: Twitter/@AdhanaIfs

The South Texas Detention Complex where some of the detained Indian students are lodged. Photo: Twitter/@AdhanaIfs

Of the 129 Indian students detained in the U.S. Homeland Security Investigations (HSI) unit’s University of Farmington sting operation, consular officers have established contact with 117, sources told The Hindu . These individuals are being held across 36 locations across the country as per the source.

The goal is to meet all 129 detained individuals across 36 locations by February 5, Indian Ambassador to the U.S. Harsh Shringla told The Hindu . This was meant to happen on February 4 but some detainees had been moved, Mr. Shringla said.

Indian diplomats are engaged with the Department of Homeland Security (DHS), Immigration and Customs Enforcement (ICE) and the State Department, highly placed sources familiar with the events told The Hindu . Consular access, resolution of the conditions of incarceration (such as availability of vegetarian food for those with dietary restrictions) and providing detainees with support in terms of accessing legal support are some of the issues being discussed. The Indian Embassy and consulates are also working with community associations and have up a hotline, which had received about 300 calls (by February 4 evening) from students, and relatives of those detained, the source said.

The Indian side is trying to impress upon the U.S. authorities the need to distinguish between those who organised and facilitated the Farmington University racket [eight individuals of Indian origin have been charged in this regard] and those who might have been duped and therefore “victims” of it, sources told The Hindu .

The U.S. government is currently of the view that all “students” were aware that the law was being broken. “Instances of fraud schemes are rare, unfortunate aberrations in the proud history of educational exchange between the United States and India. All participants in this scheme knew that the University of Farmington had no instructors or classes (neither on-line nor in-person) and were aware they were committing a crime in an attempt to fraudulently remain in the United States,” a State Department spokesperson said in a statement on February 4.

There is a concern that the sting operation, which some have said is tantamount to entrapment [the government inducement of a crime and the defendant not being predisposed to engaging in criminal conduct] will damage the U.S.’ attractiveness as a destination for higher education for Indian students.

“The U.S. government fully supports international education and is committed to facilitating legitimate student travel… it is unfortunate that some student recruiters and individuals seek to use the international student program to foster illegal immigration status in the United States,” the State Department spokesperson said.

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