the story So Far: The latest wave of deportation and detention drives targeting undocumented immigrants from Bangladesh in several states, including West Bengal, has put deportation laws in the spotlight. West Bengal Chief Minister Suvendu Adhikari said on 7 June that 4,800 “illegal infiltrators” had been deported. bangladesh In the last one month. Mr Adhikari said that “holding centres” have been set up in the border districts of the state. He had earlier said what is his government’s policy regarding “illegal infiltrators”. “Detect, Remove and Deport”.
Gujarat police also taken into custody During the statewide crackdown, 362 illegal Bangladeshi immigrants were identified and over 782 suspected foreign nationals were interrogated. “Operation Delta Hunt” Launching on June 2, 2026.
According to Union Home Minister Amit Shah, the central government had constituted a high-level committee on demographic change and was committed to “identify and deport every single infiltrator from the country”. These incidents, along with the advocacy of Assam Chief Minister Himanta Biswa Sarma “Pushback” policy Undocumented migrants from Bangladesh and Myanmar, including the Rohingya, have drawn attention to deportation and refugee rights issues.
What is pushback?
Deportation is a formal legal process that usually involves detention, judicial or quasi-judicial proceedings, and coordination with the authorities of the receiving country. In contrast, pushback generally refers to the return of individuals across the border outside the formal deportation process and without the procedural steps associated with deportation. Originally, “pushback” is a term from European and American border enforcement, meaning someone was caught mid-crossing and turned back.
There is no statutory definition of the term “pushback” in Indian law. However, recently government policy The Ministry of Home Affairs (MHA) distinguishes between formal deportation proceedings and immediate “deportation” of Bangladeshi or Myanmar nationals apprehended at the border. The legality of such pushback remains disputed, particularly where questions arise regarding nationality verification and procedural safeguards.
Policemen guard a camp at Tentulia village in West Bengal’s North 24 Parganas district on May 28, 2026, where Bangladeshi migrants who allegedly crossed the border illegally are kept for verification before being deported to Bangladesh. Photo courtesy: AFP
Who is an illegal immigrant?
The term “illegal migrant” is defined in Section 2(1)(b) of the Citizenship Act, 1955 as a person who is entering the country without valid documents or is overstaying in the country beyond the permitted time despite entering with valid documents.
What are the laws around this?
In the context of Assam, Section 6A of the Act (Assam Accord) makes special provisions for persons of Indian origin who entered Assam between January 1, 1966, and March 25, 1971. Even if declared a foreigner, such persons may be allowed to register for citizenship after completing a waiting period of 10 years from the date of identification. During this interim period, they are deprived of exercising the right to vote but continue to enjoy all other rights of citizenship. Those who entered after March 25, 1971 and are then found to be foreigners are liable for deportation.
The Foreigners Act 1964 essentially dealt with immigration and deportation to India before the Foreigners Act, 2025, which repealed the Foreigners Act and other colonial laws.
Under the Foreigners (Tribunals) Order, 1964, Foreigners’ Tribunals were constituted to determine whether a person was a foreigner. Persons declared foreigners after the declaration of the Foreigners Tribunal became liable to expulsion from Indian territory under section 3(2)(c) of the Foreigners Act, 1946 (now repealed).
A saving provision preserves the validity of rules and actions made under the repealed law, ensuring continuity in the law governing identification and deportation, even if the 1946 Act is repealed.
The Passport Act, 1967 plays a role in the identification of persons liable to deportation. If the applicant is not an Indian citizen, or if the issuance is contrary to public interest, national security or foreign relations, the authorities may refuse to grant, confiscate or cancel the passport.
Section 12 sets out offenses and penalties for violations of passport rules, such as traveling without a valid document, providing false information, or misusing a passport.
What are the key provisions of the Immigration and Foreigners Act, 2025?
The Immigration and Aliens Act, 2025 contains several provisions that relate directly to deportation. Although with the unification of this law, four colonial laws were repealed, the process of deportation remained unchanged.
Section 16 of the Act places the burden on the individual to prove Indian citizenship when questioned by authorities, rather than on the state to prove that they are not a citizen.
Under Section 29, the Central Government can order the removal of a foreigner from India if the person has violated the Act or any order made thereunder, or if there is an “adverse security report” against them. The Act does not define the term “adverse security report”.
The grounds on which deportation may take place are strengthened by other provisions of the Act. Section 21 penalizes entry into India without a valid passport or visa, while Section 23 imposes penalties for overstaying, violating visa conditions, or entering restricted areas without authorization. These violations can become grounds for action under Section 29.
The Act also gives broad powers to the Central Government under Section 7 to regulate, restrict or prohibit the continued presence of foreigners in India, including imposing conditions relating to residence, movement, identity verification and reporting obligations. Furthermore, Section 26 empowers police officers below the rank of head constable to arrest without warrant persons suspected of violating the Act.
To support the identification and monitoring of foreigners, sections 10, 12, and 17 require carriers, accommodation providers, educational institutions, and medical institutions treating foreign patients to submit prescribed information to the authorities.
How does India deport illegal immigrants?
Deportations in India were largely conducted through internal administrative mechanisms and standard operating procedures (SOPs) by state authorities following instructions from the Centre.
Under the deportation policy notified by the Union Ministry of Home Affairs (MHA) earlier this April, all states have been asked to set up a special task force in each district to “detect, identify and deport/deport illegal immigrants from Bangladesh and Myanmar”, and provide a monthly status report on foreigners who are missing their visas or overstayed their visas.
States have been asked to operationalize “holding centres/camps” with 10 feet high borders surrounded by barbed wire to restrict the movement of such undocumented migrants until they are deported.
“Nationals of Bangladesh/Myanmar who are stopped at the land or sea border of India will be immediately deported by the designated border security forces/coast guard after entering their biometrics (fingerprints and facial photographs) and demographic details on the Foreigner Identification Portal,” the Home Ministry said.
According to Article 36 of the Vienna Convention on Consular Relations, Indian authorities must inform the consular representatives of the foreign national’s country about their arrest or detention.
Indian practice requires arrested foreign nationals to be asked whether they wish their Consulate to be informed, to immediately inform the Ministry of External Affairs (MEA) and the Ministry of Home Affairs (MHA), and to provide detailed details to the concerned authorities.
What has the court said?
in the supreme court Lewis De Redt and others vs Union of India and others,(1991) held that the fundamental right of a foreigner to life and liberty is limited to Article 21. This does not include “the right to reside and settle in this country, as set out in article 19(1)(e), which applies only to nationals of this country.”
Supreme Court, in Louis de RedtCiting an earlier Constitution Bench decision, it held that “the power of the Government to expel foreigners from India is absolute and unlimited and there is no provision in the Constitution restraining this discretion.”
Indian courts have considered the principle of non-refoulement which is an international law principle enshrined in Article 21 that prohibits a state from returning a refugee to a country where his or her life or liberty may be threatened.
In Nandita Haksar vs. State of Manipur (Manipur High Court), (2021), dealing with asylum seekers from Myanmar, the Court held that Article 21 “will certainly include the right of non-refoulement, subject, however, to the condition that the presence of such asylum seeker or refugee is not prejudicial or prejudicial to the security of this country.”
In Mohammad Salimullah vs Union of India(2021), the Supreme Court stated that “It is also true that the rights guaranteed under Articles 14 and 21 are available to all persons who may or may not be citizens. But the right not to be deported is subsidiary or concomitant to the right to reside or settle in any part of the territory of India guaranteed under Article 19(1)(e).” Article 19(1)(e) applies only to citizens of this country.
The Court nevertheless determined that deportation must follow “the procedure prescribed for such deportation.”
Legal ambiguity is inherent in the shift from court-supervised deportation to administrative coercion. While the courts have recognized the government’s power to deport aliens, they have also held that such deportation must follow procedure prescribed by law.
