To the Point
The Donkey Route, an illegal route of migration from India to America via Latin America, has become an urgent issue at the intersection of immigration law, state sovereignty, and human rights. The journey takes migrants from Gujarat, Haryana, and Punjab paying large sums of money to traffickers (“Donkers”) to travel by visa-free crossing points in Ecuador or Nicaragua, cross the deadly Darien Gap jungle, and ultimately find themselves at the U.S.-Mexico border. As migrants are exposed to exploitation, violence, and deportation, the route reveals systemic vulnerabilities in international legal frameworks, unequal implementation of anti-smuggling measures, and the absence of safe migration channels. This article examines the legal implications of the Donkey Route, evaluating state responsibilities, infringement of sovereignty, and proposed changes under international law.
Use of Legal Jargon
Donkey Route entails non-refoulement—a cornerstone of refugee law that prohibits states from sending individuals to where they would be persecuted—though most migrants are economic migrants who are not eligible for asylum under the 1951 Refugee Convention. Transnational crime law, and the UN Protocol Against Smuggling of Migrants (2000), obliges states to criminalize smuggling rings while protecting migrants’ rights, but implementation is spotty. The state sovereignty doctrine provides states with exclusive rights over border control, but loose visa regulations in transit countries like Nicaragua undermine this right. In addition, jus cogens norms, such as prohibitions on slavery and torture, are consistently violated when migrants are abused by cartels. Erga omnes obligations, which require states to combat human trafficking as a collective duty, are overlooked owing to poor cross-border collaboration.
The Proof
The scale of the Donkey Route is evidenced by 97,000 Indian citizens being arrested at the U.S. border in 2023 (Deccan Herald), while 520,000 migrants traveled through the Darien Gap in 2025, and 312 were confirmed dead, Smugglers pay up to ₹1 crore per migrant, with Nicaragua’s visa-free policy for Indians being exploited (Mehrotra, Indian Express). Legally, the UN Smuggling Protocol requires that states like India and the U.S. prosecute traffickers according to Article 6 and protect migrants according to Article 16, but India’s application of the Emigration Act, 1983 to control agents remains ineffective. Academic critiques, e.g., Kumar & Kumari (2022), attribute the route’s resilience to India’s unemployment situation and limited U.S. visa caps, whereas Kapuria (Times of India) attributes it to Punjab’s agricultural decline and unregulated tour operators.
Abstract
This article critically analyses the Donkey Route from the perspective of international law, with a focus on its infringement of state sovereignty and migrant rights. Economic migrants from India who escape economic desperation make dangerous journeys arranged by transnational smugglers, violating immigration regulations of transit and destination countries. In spite of the UN Smuggling Protocol and Global Compact for Migration (GCM) frameworks, there are gaps in enforcement: transit states do not secure borders, destination countries focus on deportation rather than asylum screenings, and source countries ignore socio-economic push factors. The 1951 Refugee Convention excludes economic migrants, leaving them exposed, whereas Nicaragua and Ecuador’s open visa policies enable smuggling networks. Systematic exploitation via the Darien Gap is found in case studies, where migrants are robbed, raped, and murdered. Balancing state sovereignty with humanitarian obligation, expanding legal routes, and eradicating root causes like unemployment are needed to dismantle the Donkey Route.
Case Laws
1. Pankaj Rawat Case (Haryana)
In 2024, Panipat’s Pankaj Rawat paid ₹35 lakh to agents Abdulla and Pradeep, who assured him a job in the U.S. through the Dunki route. His journey passed through 11 countries, including Guyana, Brazil, and Mexico. When he arrived in the U.S., he was arrested and deported. Rawat approached the police and lodged a complaint against the agents for human trafficking and fraud, and an investigation began by the Surat crime branch.
2. Maninder Pal Singh Case (Punjab)
Maninder Pal Singh, who is 20 years old from Jalandhar, paid ₹41 lakh to agent Mandeep Singh for unlawful entry into the U.S. His 13-month travel took him through countries such as Kazakhstan, Libya, and Nicaragua. After deportation, officials found that he had stripped passport pages to conceal fake visa stamps. Agents Mandeep Singh and Amit Arora were arrested and booked under several sections of the Bharatiya Nyaya Sanhita and the Passport Act
Applicability of the UN Smuggling Protocol in India
While India ratified the protocol in 2011, its effectiveness is limited. Smugglers (“Donkers”) are often prosecuted under IPC Section 420 (cheating) rather than anti-trafficking law, reflecting weak convergence with transnational criminal law. In contrast, Panama’s 2023 state of emergency in the Darien Gap, supported by UNHCR, reflects progressive action to disrupt networks of smuggling.
Conclusion
The Donkey Route represents the tension between state sovereignty and human rights in managing migration. Though nations have the right to control borders, restrictive policy and unregulated smuggling networks push migrants into deadly trails. Global law, as defined in the UN Smuggling Protocol and GCM, provides a construct for cooperation, but uneven enforcement still triggers crises. India’s jobs market, Latin America’s visa loopholes, and U.S. asylum limits all contribute to fueling this trail. Legal reforms must include economic displacement under refugee protection, strengthen bilateral labor agreements, and establish humanitarian corridors. Transit nations like Panama must balance border security with aid, while destination countries should provide due process in deportations. Ultimately, an assault on underlying causes—rural employment generation and information campaigns—is essential in transforming irregular migration into regulated, safe flows.
FAQ
What are the legal structures that govern the Donkey Route?
The UN Protocol Against Smuggling of Migrants (2000) mandates states to criminalize traffickers and protect migrants, whereas the 1951 Refugee Convention excludes economic migrants from asylum. The Global Compact for Migration (2018) advocates for safe routes but is not legally binding. Transit countries like Nicaragua misuse visa-free programs, violating sovereignty norms.
Why do migrants use the Donkey Route despite risk?
Push factors are the Punjab and Haryana unemployment, agrarian debt, and social pressure of India. Pull factors are the “American Dream” illusion driven by smugglers and stories of diaspora success. Legal visa routes such as H-1B quotas are not accessible to low-skilled employees.
How does the Darien Gap add to human rights violations?
The Darien Gap, a lawless jungle on the border between Panama and Colombia, exposes migrants to armed gangs, sexual abuse, and natural hazards. Over 500,000 arrived in 2025, and hundreds died due to absence of state protection, violating jus cogens norms against torture and slavery.
What is India’s international law obligation?
Since the source country, India is required to regulate emigration agencies under the Emigration Act, 1983, prosecute traffickers and assist the U.S. in repatriation, but its concern for repatriation at the cost of cause (e.g., unemployment) remains criticized.
Can destination countries deny Donkey Route migrants?
Yes, as per sovereignty norms, but they must act in line with non-refoulement. The U.S. returns most Indians as economic migrants but has been accused of mass deportations without case-by-case assessments.
What reforms are proposed to address this issue?
Key reforms include extending the Refugee Convention to economic displacement, India-U.S. bilateral labor agreements, increased visa screening in transit countries, and regional task forces to break up smuggling networks.
Reference
Deccan Herald, 97,000 Indians Caught at U.S. Border in 2023, (2023).
Roy & Baumgartner, Council on Foreign Relations, Darien Gap Report (2025).
Mehrotra, Indian Express, Inside the Donkey Route (2024).
Emigration Act, No. 31 of 1983, § 10, India Code.
Kumar & Kumari, Causes of Irregular Migration from India, 24 Indian J. Soc. Legal Stud. 145 (2022).
