In December 2024, the U.S. Immigration and Customs Enforcement (ICE), operating under the Department of Homeland Security, designated India as an "uncooperative" country. This move reflects the Trump administration’s increased scrutiny of nations such as Cuba, Iran, Pakistan, Russia and Venezuela. ICE is responsible for deporting individuals who have received final removal orders, ensuring their return to their respective countries of citizenship.

The U.S. government expects foreign nations to confirm the citizenship of individuals believed to be their nationals. This process may involve holding interviews, providing travel documents and facilitating their return through regular commercial flights or, if required, specially arranged charter flights.

When a country does not cooperate in the deportation process, significant delays and complications in removing individuals can occur. Countries that do not assist ICE in this process are labelled as “uncooperative” or “recalcitrant.” This classification is based on factors such as a country's refusal to take essential actions, like confirming an individual’s citizenship or providing the necessary travel documents for their return.

According to a source, “Having categorisation such as uncooperative brings in added pressure. We cannot condone illegal migration because a few illegal migrants bring a bad name to country which sends lakhs of migrants through legal means.” 

India has stated that it will take back all its citizens who have overstayed in any country, but only after confirming their nationality. External Affairs Ministry spokesperson Randhir Jaiswal emphasised that India strongly opposes illegal migration, especially when it is connected to organised crime.

Jaiswal further said, "As part of the India-US migration and mobility cooperation, both nations are working together to deter illegal migration, while also creating more opportunities for legal migration from India to the US. We are committed to continuing this cooperation."

In US President Joe Biden’s term last year, a total of 271,000 migrants were deported across 192 countries, out of which 1,361 individuals were from India.