What Happened
- The Ministry of Home Affairs (MHA) has issued a new deportation policy directing all states and Union Territories to set up a Special Task Force (STF) in each district to detect, identify, and deport illegal migrants from Bangladesh and Myanmar
- The policy sets a 30-day deadline for verifying the citizenship credentials of suspected illegal migrants before deportation proceedings are initiated
- States must establish district-level holding/detention centres with secure perimeters (including 10-ft.-high barbed wire boundaries) to house individuals pending deportation
- All states must submit monthly status reports to the Centre on the 15th of each month, covering foreigners who are missing or overstaying their visas
- States must maintain records of illegal Bangladeshi nationals and Rohingya refugees handed over to border forces and the Coast Guard for deportation
Static Topic Bridges
Immigration and Foreigners Act, 2025 — New Legal Framework for Deportation
The Immigration and Foreigners Act, 2025 (Act No. 13 of 2025) is India's primary consolidated legislation governing the entry, stay, and exit of foreign nationals. Passed by Parliament in March 2025 and notified on 1 September 2025, it replaced four older laws: the Passport (Entry into India) Act, 1920; the Registration of Foreigners Act, 1939; the Foreigners Act, 1946; and the Immigration (Carriers' Liability) Act, 2000.
- A foreigner is defined as "a person who is not a citizen of India"
- Under the previous Foreigners Act, 1946, Section 9 placed the burden of proof of citizenship on the person — this principle is carried forward into the 2025 Act
- The 2025 Act empowers the central government to detain and deport illegal entrants, and sets up a Bureau of Immigration for immigration administration
- Educational institutions, hospitals, and transport carriers are obligated to report foreign nationals to immigration authorities
- The Act provides for stricter penalties for violations compared to the repealed 1946 law
Connection to this news: The MHA deportation policy operationalises the 2025 Act at the ground level — the 30-day verification timeline and district-level STFs are administrative mechanisms to implement the Act's mandate of identifying and removing illegal migrants.
Citizenship (Amendment) Act, 2019 and the CAA-NRC Framework
The Citizenship (Amendment) Act, 2019 (CAA) amended the Citizenship Act, 1955 to provide an accelerated pathway to citizenship for persecuted religious minorities (Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians) from Afghanistan, Bangladesh, and Pakistan who arrived in India by December 31, 2014. The CAA explicitly excludes Muslims from the three countries. The National Register of Citizens (NRC) — already completed in Assam — is proposed as a nationwide exercise to identify illegal migrants.
- Citizenship Act, 1955 governs acquisition, determination, and termination of Indian citizenship
- CAA, 2019: passed December 11, 2019 (Act No. 47 of 2019); rules notified March 2024
- Section 6A of the Citizenship Act provides special provisions for Assam — those who entered Assam from Bangladesh before March 25, 1971 are deemed citizens; those entering after are "illegal immigrants" under the law
- NRC in Assam: final list published August 31, 2019 — about 19.06 lakh persons excluded
- CAA does not grant citizenship to Rohingya from Myanmar (they are Muslim), making them subject to deportation proceedings
Connection to this news: The MHA policy targets both Bangladeshi illegal migrants and Rohingya from Myanmar — categories that fall outside the CAA's protective framework. The 30-day verification process is designed to distinguish CAA-eligible persons from those subject to deportation.
Non-Refoulement Principle and India's International Obligations
Non-refoulement is a foundational principle of international refugee law, established in Article 33 of the 1951 UN Refugee Convention. It prohibits states from returning individuals to territories where they face a serious risk of persecution, torture, or death. India has not signed the 1951 Refugee Convention or its 1967 Protocol and does not have a domestic refugee law.
- 1951 UN Refugee Convention: India is NOT a signatory
- India also has not ratified the 1984 UN Convention Against Torture (UNCAT), though it is a signatory
- India's position: UNHCR cards issued to Rohingya refugees have no legal standing under domestic law; they are treated as illegal immigrants under the Foreigners Act/Immigration Act
- Article 21 of the Indian Constitution (right to life and personal liberty) has been held by Indian courts to apply to non-citizens — the Supreme Court has not definitively ruled on non-refoulement as a constitutional right
- Human rights organisations have documented cases of Indian Muslims being wrongfully deported along with illegal migrants, raising due process concerns
Connection to this news: The expedited 30-day timeline and reported deportations without individual hearings have drawn criticism from human rights bodies invoking non-refoulement principles, even as the Indian government maintains it is enforcing domestic law.
Rohingya Refugees — Background and Security Dimensions
The Rohingya are a predominantly Muslim ethnic minority from Rakhine State, Myanmar. Following military crackdowns in 2017, approximately 700,000–800,000 Rohingya fled to Bangladesh (Cox's Bazar), with smaller numbers entering India (estimated 40,000 in India). The Indian government has classified all Rohingya in India as "illegal immigrants" and a security threat, citing links to extremist networks.
- UNHCR estimates approximately 40,000 Rohingya in India, concentrated in Jammu, Delhi, Hyderabad, and Jaipur
- Myanmar military coup: February 1, 2021 — intensified displacement
- In 2017, the MHA issued advisories to state governments to identify and deport all Rohingya
- Supreme Court case: Mohammad Salimullah v. Union of India — challenge to Rohingya deportations; court declined to stay deportations while matter is sub judice
- The Ministry of Home Affairs does not recognise Rohingya as refugees; they are treated as illegal migrants under domestic law
Connection to this news: The new MHA policy expands the deportation drive — earlier focused on Rohingya — to include all illegal migrants from Bangladesh and Myanmar, with a systematic, district-level enforcement architecture for the first time.
Key Facts & Data
- 30-day deadline set for states to verify citizenship credentials of suspected illegal migrants
- Monthly reporting to Centre required on the 15th of every month
- District-level STFs to be set up under police supervision in every district
- Holding centres must have 10-ft.-high barbed wire perimeters
- Estimated 40,000 Rohingya in India (UNHCR figure)
- Immigration and Foreigners Act, 2025 replaced four older laws including the Foreigners Act, 1946
- CAA, 2019 rules notified: March 2024
- NRC Assam final list (August 2019): approximately 19.06 lakh persons excluded
- India is NOT a signatory to the 1951 UN Refugee Convention or its 1967 Protocol