DAILY NEWS ANALYSIS

The Union Ministry of Home Affairs (MHA) has introduced a comprehensive deportation policy aimed at accelerating the identification and removal of illegal migrants, particularly from Bangladesh and Myanmar. The policy reflects India’s increasing focus on border management, internal security, and administrative efficiency in handling undocumented migration.

Need for the New Deportation Policy

Historical Context of Illegal Migration

Illegal migration into India has a long historical background. It began with large-scale population movements during the Partition of 1947, followed by a major influx during the 1971 Bangladesh Liberation War.

Over time, concerns about demographic changes, particularly in border states like Assam, led to the Assam Movement and the Assam Accord of 1985, which established 24 March 1971 as the cut-off date for identifying illegal migrants.

Since the 1990s, porous borders with Bangladesh and Myanmar, combined with economic disparity, environmental stress, and political instability, have sustained migration flows. The open border with Nepal has further complicated enforcement. In recent years, illegal migration has increasingly been linked to security concerns, identity issues, and pressure on local resources, prompting stricter enforcement measures.

Internal Security Imperatives

The need for a new deportation policy has been reinforced by recent internal security developments, including the Pahalgam terror attack (April 2025) and subsequent military responses such as Operation Sindoor (May 2025). These events have heightened the government’s focus on strengthening domestic security mechanisms and tightening surveillance of undocumented populations.

Geopolitical Instability in Neighbouring Countries

Political instability in the region has also contributed to the urgency of the policy. The regime change in Bangladesh in August 2024 led to increased concerns about individuals entering India illegally or residing on fraudulent identity documents, prompting directives for enhanced tracking and verification.

Resource Strain and Demographic Concerns

Unregulated migration is also seen as placing pressure on local resources, public services, and employment opportunities, particularly in border states. It can lead to socio-economic tensions and demographic shifts, as previously witnessed during the Assam agitation movement. These concerns have made structured deportation mechanisms more necessary.

Key Highlights of the New Deportation Policy

District-Level Special Task Forces

The policy mandates the creation of Special Task Forces (STFs) in every district to detect, identify, and facilitate the deportation of undocumented migrants. These units are required to submit monthly reports on foreigners who are missing or overstaying visas, ensuring continuous monitoring.

Time-Bound Verification Process

A strict timeline of 90 days has been fixed for verifying the antecedents of suspected illegal migrants, particularly those claiming residency in other states. This aims to reduce delays in identification and deportation processes.

Holding Centres for Detention

States are required to establish dedicated holding centres for undocumented migrants awaiting deportation. These centres must have secure infrastructure with high boundary walls, barbed wire fencing, and controlled access.

Importantly, these centres are not to be located in jails, and governments may use rented private buildings if public land is unavailable. The facilities must ensure basic amenities, including healthcare, sanitation, separate enclosures for men and women, and proper living conditions, while also ensuring that family members are not separated.

Application to Foreigners’ Tribunals

The provisions for holding centres also apply to individuals declared foreigners by Foreigners Tribunals, which are uniquely functional in Assam for determining citizenship status.

Document Cancellation and Blacklisting

The policy mandates the cancellation of illegally obtained documents such as Aadhaar, PAN cards, and driving licences, which must be uploaded to a central portal for verification. Additionally, deported individuals will be blacklisted by the Bureau of Immigration to prevent re-entry into India.

Foreigners Identification Portal (FIP)

A dedicated Foreigners Identification Portal (FIP) has been launched to capture biometric data such as fingerprints and facial photographs, along with demographic details of intercepted illegal migrants. This strengthens digital tracking and enforcement capabilities.

Border Interception Protocol

Under the new system, individuals intercepted at land or maritime borders will be immediately returned after biometric recording. In cases of inadvertent crossing, verified individuals may be handed over to the respective border security forces rather than being detained, ensuring humane and efficient handling.

Legal Framework Dealing with Foreigners in India

The legal framework governing foreigners in India has recently been consolidated and strengthened through the Immigration and Foreigners Act, 2025, along with several constitutional, statutory, and administrative provisions. This framework defines the entry, stay, regulation, and deportation of foreign nationals in India.

Immigration and Foreigners Act, 2025

The Immigration and Foreigners Act, 2025 is the primary and most comprehensive legislation governing foreigners in India. It consolidates four earlier laws, namely the Passport (Entry into India) Act, 1920, the Registration of Foreigners Act, 1939, the Foreigners Act, 1946, and the Immigration (Carriers’ Liability) Act, 2000, thereby creating a unified legal structure.

The Act introduces stricter regulatory and enforcement mechanisms. It mandates that hotels, educational institutions, and healthcare facilities report the presence of foreign nationals, while also requiring airlines and shipping companies to share advance passenger and crew information. It further empowers the central government to restrict or shut down premises frequented by foreigners on security grounds.

Importantly, it provides statutory backing to the Bureau of Immigration, enabling it to identify, detain, and deport illegal migrants more effectively.

Constitutional and Administrative Framework

The power to manage foreigners is primarily derived from the Constitution. Under Article 258(1), the Central Government has delegated powers to State Governments and Union Territories for the identification and deportation of illegally staying foreign nationals. However, citizenship-related matters remain under the Union List, making the Ministry of Home Affairs the central authority.

Since India is not a signatory to the 1951 UN Refugee Convention or its 1967 Protocol, it does not have a dedicated refugee law. As a result, states are not empowered to grant refugee status, and all such matters fall under central government jurisdiction.

Foreigners (Tribunals) Order, 1964

The Foreigners (Tribunals) Order, 1964 empowers District Magistrates to constitute Foreigners Tribunals. These tribunals are responsible for legally determining whether an individual residing in India is a foreigner or not. This quasi-judicial mechanism plays a crucial role in citizenship determination, particularly in states like Assam.

Border-Specific Arrangements

India’s framework also includes bilateral and regional arrangements that regulate cross-border movement. India shares a free movement arrangement with Nepal, and a Free Movement Regime (FMR) with Myanmar, which earlier allowed limited movement up to 10 km on either side of the border. These arrangements significantly influence migration regulation in border regions.

Definition of Deportation and Related Terms

Deportation is a formal legal process in which a foreign national suspected of illegal stay is detained, verified through legal procedures, and sent back to their country of origin after due confirmation of identity. It is distinct from “pushback,” which is an informal border action carried out immediately without full legal proceedings.

Under the Citizenship Act, 1955, an illegal migrant is defined as a foreigner who enters India without valid documents or overstays beyond the permitted duration. Deportation of such individuals is coordinated by the Ministry of Home Affairs, with implementation support from state authorities.

Challenges in Dealing with Foreigners

India faces multiple challenges in handling illegal migrants. From a security perspective, concerns exist regarding possible links between some migrant groups and militant networks. Demographically, large-scale influxes can alter population balances in border states such as Assam and West Bengal, leading to social tensions and identity concerns.

There is also pressure on public resources, as migrants may access subsidised welfare schemes, housing, and healthcare. In some cases, concerns have been raised about electoral roll integrity and urban pressures such as slum expansion and infrastructure stress.

However, deportation processes face legal and humanitarian challenges, including the risk of statelessness, especially for groups like Rohingyas, concerns over wrongful detention, and the principle of non-refoulement, which prohibits returning individuals to countries where they may face persecution.

Way Forward

A structured approach is required to balance security and humanitarian concerns. India may consider enacting a domestic refugee law to clearly distinguish between asylum seekers and illegal migrants.

There is also a need for bilateral repatriation agreements with neighbouring countries to ensure orderly and dignified returns. Strengthening Foreigners Tribunals with trained adjudicators and time-bound processes can improve fairness and efficiency.

Finally, the use of technology-based systems like biometric databases and the Foreigners Identification Portal must be combined with due process safeguards under Article 21, ensuring that enforcement is both effective and rights-compliant.

Conclusion

India’s legal framework on foreigners is evolving towards a more consolidated, technology-driven, and security-oriented system. While the new legal structure strengthens enforcement and border management, it must also ensure constitutional safeguards, humanitarian principles, and procedural fairness to maintain a balanced approach