WB government directs districts to set up holding centres for detained illegal foreigners

West Bengal directed all district administrations to establish dedicated holding centres for foreigners detected and detained pending deportation proceedings...

What Happened

West Bengal directed all district administrations to establish dedicated holding centres for foreigners detected and detained pending deportation proceedings.
The directive aligns with a mandate under the Immigration and Foreigners Act, 2025, which for the first time requires every state and Union Territory to set up statutory holding centres for foreigners awaiting deportation.
The Union Ministry of Home Affairs had previously (May 2025) directed all States and Union Territories to identify and verify illegal immigrants from Bangladesh and Myanmar (Rohingyas) within 30 days.

Static Topic Bridges

Immigration and Foreigners Act, 2025

The Immigration and Foreigners Act, 2025 (Act No. 13 of 2025) came into force in September 2025, replacing four colonial-era laws: the Foreigners Act, 1946; the Passport (Entry into India) Act, 1920; the Registration of Foreigners Act, 1939; and the Immigration (Carriers' Liability) Act, 2000. The consolidated law introduces a digital-first framework and provides statutory backing to the Bureau of Immigration for identifying, detaining, and deporting illegal migrants.

For the first time, the Act explicitly mandates every state and UT to establish dedicated holding centres or detention camps for foreigners awaiting deportation — formalising what was previously an ad hoc practice.
The burden of proof that a person is not a foreigner continues to lie on the individual (similar to Section 9 of the repealed Foreigners Act, 1946).
A "graded penalty" system is introduced to reduce discretionary powers of officers.
Hotels, educational institutions, and healthcare facilities are required to mandatorily report foreign nationals; airlines and shipping companies must share advance passenger and crew data.

Connection to this news: West Bengal's directive to set up holding centres is a direct implementation of this new statutory obligation under the 2025 Act.

Foreigners Tribunals — Quasi-Judicial Mechanism

Foreigners Tribunals are quasi-judicial bodies with the power to declare whether a person is an illegal foreigner. Originally constituted only in Assam under the Foreigners (Tribunal) Order, 1964, the Ministry of Home Affairs amended the order in May 2019 to empower all state governments and district magistrates across India to set up these tribunals.

Foreigners Tribunals have the powers of a civil court under the Code of Civil Procedure, 1908.
Only a Foreigners Tribunal — not the police or executive — has the authority to declare a person an illegal foreigner.
The 2019 amendment was significant because it extended the Assam-specific model nationwide.
Once declared a foreigner, the individual may be detained in a holding centre pending deportation.

Connection to this news: Holding centres serve as the administrative infrastructure downstream of a Foreigners Tribunal declaration — they house detainees between adjudication and actual deportation.

Rohingya and Bangladesh Migration — Internal Security Dimensions

Illegal migration from Bangladesh and Myanmar (especially Rohingyas) is treated as an internal security issue in India's policy framework. Rohingyas have been characterised by the Union Government as a security threat given reported links to extremist networks in some cases, though courts have required individual adjudication before detention or deportation.

The MHA's May 2025 directive gave states a 30-day window to identify and verify illegal immigrants from these two countries.
Rohingyas are stateless people — Myanmar does not recognise them as citizens — creating legal complexity around deportation.
India is not a signatory to the 1951 UN Refugee Convention, meaning Rohingyas have no formal refugee status under Indian law.
The Supreme Court has held that the right to life under Article 21 applies to all persons on Indian soil, including undocumented foreigners, complicating outright deportation without process.

Connection to this news: West Bengal shares a 2,216-km border with Bangladesh, making it a frontline state in the enforcement of immigration law; the holding-centre directive is a concrete operational step in implementing the Centre's immigration enforcement framework.

Key Facts & Data

India–Bangladesh border length: approximately 4,156 km (longest international border of Bangladesh); West Bengal accounts for about 2,216 km.
The Immigration and Foreigners Act, 2025 came into force: September 2025.
The Foreigners (Tribunal) Order amendment allowing all states to set up Foreigners Tribunals: May 30, 2019.
Article 21 of the Constitution guarantees the right to life and personal liberty to "any person" — not just citizens — making procedural safeguards mandatory before deportation.
India is not a signatory to the 1951 UN Refugee Convention or its 1967 Protocol.