INS ARRESTS 40 H-1B VISA HOLDERS IN TEXAS

A workplace raid at a US Air Force Base in San Antonio, Texas, last week resulted in the arrests of 40 H-1B visa holders, all of who were Indian nationals.  The arrests have drawn harsh condemnation from many circles, particularly for the way in which the people were treated after the arrests – handcuffed and marched through the base to a local detention center.  Once there, 13 people were freed because no charges were filed, 23 people were freed after paying a 00 bond, and two were released on their own recognizance.  Such treatment is rare for those found to have committed technical immigration violations.

According to INS officials, while each of the people arrested was in possession of a valid visa, these visas were fraudulently obtained.  Two Houston-based companies that had a subcontract agreement with another company hired by the Air Force obtained the H-1B visas.  The INS claims there were two violations in this arrangement.  First, it doubts that the people were working for the employers that obtained the visas.  Second, it claims the people were not working where the visas specified they would.  Attorneys for the two companies dispute these allegations.

Many are concerned that the INS decided to arrest the employees rather than the two firms that petitioned for the visas, who are, after all, the ones that committed the fraud.  If the INS does decide the visas were obtained fraudulently, they will be revoked.  The holders of the visas will find it difficult to obtain visas in the future because of their involvement in this situation.

While none of those arrested may have committed fraud in obtaining their visas, in the eyes of the law they are still at fault.  It is a truism of American law that ignorance of the law is no defense, and in this situation it means that the H-1B visa holders had a duty to learn of the regulations and restrictions on their visas and to comply with them.

Indian Ambassador Naresh Chandra expressed his concerns over the arrests in an interview with the San Antonio Express: “In India, we are not used to handcuffing decent people. These are not pickpockets, thieves or infiltrators. They are people who are doing their work."

The San Antonio Express also reports that Assistant Secretary of State for South Asia Karl Inderfurth told Chandra he regretted the incident and expects a report from the INS. The INS has defended its actions. According to another report, Inderfurth is said to have called the INS’ treatment of the Indians as “shabby” and “humiliating.” According to the Express, Thomas Homan, the INS assistant district director of criminal investigations, defended handcuffing the workers, saying it's required by policy.

There are those that also question whether the raid was politically motivated. The raid occurred in the hometown of Lamar Smith, the head of the House Immigration Subcommittee. Smith is a vocal opponent of immigration and has been a critic of the H-1B visa program.

The San Antonio programmers have created a web site at http://www.h1bvictims.com/sys-tmpl/door/.