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India's Immigration Crisis: Challenges in Deporting Lakhs of Illegal Immigrants, from Rohingyas to Bangladeshis

Writer's picture: MGMMTeamMGMMTeam

The Trump administration’s tough stance on deporting illegal immigrants and its focused efforts to improve border security, speed up removals, and enforce immigration laws have garnered global attention. The administration has carried out raids to identify illegal immigrants and ensured their repatriation to their home countries. This has prompted many Indians to question why India doesn't take a similarly assertive and efficient approach to deport illegal Rohingya and Bangladeshi immigrants.


OpIndia
OpIndia

Current Number of Rohingya and Bangladeshi Illegal Immigrants in India

In India, a 2017 estimate by the Ministry of Home Affairs revealed that more than 40,000 Rohingyas, who fled Myanmar to escape persecution, are living illegally in the country. Of these, approximately 16,000 are registered with the UNHCR. In 2016, Kiren Rijiju, then the Union Minister of State for Home Affairs, informed the Rajya Sabha that over 20 million illegal Bangladeshi immigrants were residing in India—almost the entire population of Australia. This represented a 67% increase in the number of illegal Bangladeshi immigrants since 2004, when Sriprakash Jaiswal, the Union Minister of State for Home Affairs, reported that around 12 million illegal Bangladeshis were in India as of December 31, 2001. Under pressure from the Muslim vote bank and reluctance to follow the BJP’s demand to deport these immigrants, Jaiswal later retracted his statement, calling it based on “hearsay.”


However, it is important to note that due to the covert nature of illegal immigration from Bangladesh, collecting precise data has been an immense challenge for authorities. The actual numbers of these immigrants could be significantly higher than the estimates.


Rohingya refugee camps have raised concerns about being potential breeding grounds for radicalization and terrorist activities. Rohingyas have previously been arrested for human trafficking and involvement in robberies. There is also a growing suspicion that there is a deliberate effort to alter the demographic composition of the Hindu-majority Jammu region by settling Rohingyas there. The Rohingyas have been implicated in massacres of Hindus. It is undeniable that the illegal influx of Rohingyas presents a security threat to India, despite efforts by certain groups to downplay their involvement in criminal activities.


While the process of identifying and deporting illegal immigrants in India is ongoing, the country continues to face complex challenges in addressing the issue of illegal immigration.


Rohingyas are stateless

In 1982, Myanmar passed a Citizenship law that stripped Rohingyas of their citizenship. This law established a three-tiered citizenship system based on national races: citizens, associated citizens, and naturalized citizens. The government defined "national races" as those who had settled in Myanmar before the British first occupied the country in 1824. Rohingyas were not recognized as part of these indigenous races, resulting in the revocation of their citizenship and leaving them stateless.


Fast forward to 2017, when violence erupted in Rakhine state, prompting a mass exodus of Rohingyas from Myanmar. Over time, many fled to neighboring countries such as Bangladesh, India, and Malaysia, often entering illegally. Earlier this month, Malaysia turned away two boats carrying approximately 300 Rohingyas attempting to enter the country unlawfully. While Malaysia had previously accepted large numbers of Rohingya Muslims, it has now shifted its stance, limiting their intake due to concerns over a mass influx.


This statelessness means that Rohingyas who fled to countries like Bangladesh and India have nowhere to be deported, as Myanmar refuses to recognize them as nationals. The situation is further complicated by international non-refoulement laws, which prevent the deportation of refugees to countries where they may face persecution. Although India is not a signatory to the 1951 UN Refugee Convention or its 1967 protocol and is not legally bound to follow non-refoulement principles, the situation remains challenging. Myanmar’s refusal to accept Rohingyas as citizens creates a precarious dilemma.


Despite India not being a signatory to the Refugee Convention, it has ratified other key international agreements, such as the International Convention on the Elimination of All Forms of Racial Discrimination, the International Covenant on Civil and Political Rights (ICCPR), and the International Covenant on Economic and Social Rights (ICESCR), all of which emphasize non-refoulement, either directly or indirectly.


In response to this complex humanitarian issue, the Modi government has taken steps to identify, detain, and deport illegal immigrants, many of whom enter India through porous borders with Bangladesh, Myanmar, the Indian-Bangladesh-Myanmar tri-junction, and various pathways leading into northeast India.


The Challenge of Dealing with Bangladeshi Illegal Immigrants and the Hurdles in Their Deportation

Bangladesh, formerly East Pakistan, shares a 4,096-kilometre border with the Indian states of Assam, Meghalaya, Tripura, Mizoram, and West Bengal. Over the years following the creation of Bangladesh, refugee crises remained a significant concern. However, the illegal influx of Bangladeshi immigrants into India's bordering states has posed a threat to national security and demography. These immigrants have outnumbered locals, fraudulently obtained voter cards, and sparked tensions in states like Assam. From 1979 to 1985, a movement demanded the mass deportation of these illegal immigrants.


A significant step toward removing illegal Bangladeshi immigrants from Assam came in 1985 with the signing of the Assam Accord. The accord stated that those identified as foreign nationals who arrived in Assam after March 25, 1971, should have their names removed from electoral rolls and be deported. While efforts to deport illegals have continued, the illegal infiltration of Bangladeshis into India persists. These immigrants often take up menial jobs, construct illegal shanties on encroached land, including government property, and engage in unlawful activities.


One of the main challenges in identifying and deporting these illegal immigrants is proving their nationality. Many have lived in India for decades, acquiring fake documents like Aadhar cards and voter IDs. These immigrants have assimilated into local communities and often receive support from politically driven parties. When apprehended by Indian authorities, Bangladeshi authorities typically refuse to accept them back without clear proof of their citizenship, which is difficult to provide given the fraudulent documents in their possession. Even when Bangladesh does accept these individuals, they often re-enter India illegally. Bangladesh does not officially acknowledge the significant presence of its illegal citizens in India, nor does it implement measures to prevent further infiltration across the border.


The situation is further complicated by the reluctance of both Bangladesh and Myanmar to accept their respective nationals back. Former Bangladeshi Prime Minister Sheikh Hasina's advisor, Gowher Rizvi, once stated that illegal immigrants would only be accepted back into Bangladesh if India could prove their Bangladeshi nationality. He dismissed the issue of Bangladeshi immigration into India as an internal matter for India to resolve.


State Governments Deny Land for Fencing to Local Groups Opposing Border Infiltration Prevention

In addition to the unwillingness of the home countries of illegal immigrants to accept them back, several state governments in India have either been uncooperative or resistant in providing land for border fencing, despite its importance in preventing illegal entries. This resistance is often driven by a reluctance from state governments to pursue land acquisition aggressively, fearing backlash from the Muslim community, as many of the illegal immigrants are Muslim.


Recently, Suvendu Adhikari, a leader of the BJP in West Bengal, raised concerns about the Mamata Banerjee-led TMC government's reluctance to provide land for fencing the 600-kilometer stretch of the border that has facilitated the entry of numerous illegal immigrants. He highlighted the arrest of three Rohingya women at Sealdah railway station in Kolkata as an example of this issue.


In December 2024, Adhikari accused the West Bengal government of not cooperating with the Border Security Force (BSF) in preventing infiltration. “Of about 2,216.7 kilometres long border with Bangladesh in West Bengal, 1,647.446 kilometres have been fenced. Among the remaining 569.254 kilometres, 456.474 kilometres are land borders. However, land acquisition issues for 284.56 kilometres are still tied up in legal proceedings,” he said.


Even when the state government approves land acquisition for fencing, district officials have been found delaying the disbursement of funds. Amidst BJP's criticisms over these delays, the West Bengal government recently approved the BSF's decision to acquire land for fencing in the Karimpur area of Nadia district. Securing borders is critical for national security, especially since Bangladesh, a major source of illegal immigrants entering India, is in turmoil and led by individuals historically hostile to India. However, the land acquisition process and the local political and communal dynamics remain significant barriers to speeding up border fencing efforts, making it harder for the BSF to stop illegal immigrants who often pay agents to cross the border.


Similarly, opposition to fencing projects has come from certain groups. For instance, the United Naga Council in Manipur recently opposed fencing along the Indo-Myanmar border. In Mizoram, the Mizo Zirlai Pawl (MZP), a student organization, submitted a petition to Union Home Minister Amit Shah, asking him to reconsider the decision to revoke the Free Movement Regime (FMR) and fence the Myanmar border.


The FMR allows people living on both sides of the India-Myanmar border to travel without a visa for up to 15 kilometers. Those opposing the border fencing in Mizoram, including groups from the Kuki-Zo and Naga Christian communities, have urged the government to maintain the FMR and cancel the fencing project. In contrast, local Meitei Hindus in Manipur support the border fencing, arguing that cross-border narco-terrorism from Myanmar is fueling the region’s ethnic conflict.


Reports have highlighted how Kuki Chin militant groups in both India and Myanmar profit from opium cultivation and drug trafficking through Myanmar, Mizoram, and Bangladesh. They use the proceeds from these illicit activities to fund Kuki victimhood propaganda, attack Meities, and purchase weapons to destabilize the region.


Additionally, Bangladesh opposes India’s border fencing efforts, citing the 1975 Joint India-Bangladesh Guidelines, which restrict the construction of defense structures within 150 yards of the international border. While Bangladesh claims that barbed wire fences qualify as "defense structures," India argues that these fences, along with border lighting and technical installations, are necessary measures for securing the border against smuggling, criminal activities, and trafficking. India maintains that these measures do not violate any protocols.


Earlier this month, a verbal confrontation occurred between India’s BSF and Bangladesh’s Border Guard Bangladesh (BGB) over ongoing fencing work in Sukdevpur. While the two countries are engaged in talks to resolve the matter, tensions have also flared in the Panchbibi upazila of Joypurhat, Bangladesh, which borders West Bengal's Dakshin Dinajpur district.


In addition to the BGB, villagers in the border areas of Bangladesh have been throwing crude bombs to disrupt BSF’s fencing efforts. These actions stem from the desire to keep the border unfenced, allowing them to smuggle people, cattle, and goods into India.


These challenges highlight the enormous task not only of deporting illegal immigrants but also of preventing further illegal entries and criminal activities across the border.


Opposition to Nationwide NRC, Muslim-Driven Violence, and the Politicization of Illegal Immigration

The fearmongering surrounding the National Register of Citizens (NRC), fueled by the ‘Kaagaz nahi dikhayenge’ group and Muslim-appeasing political factions like Congress, AIMIM, and others, along with opposition to its implementation, has only compounded the challenges of identifying and deporting illegal immigrants. Drawing on Goebbelsian tactics, the Islamo-leftist ecosystem in India, since 2019, has been stirring fear among Indian Muslims by falsely claiming their citizenship would be revoked and they would be arbitrarily sent to detention centers due to their religious identity.


Earlier, OpIndia highlighted how politicians like Mamata Banerjee, holding constitutional offices, as well as ‘elite’ members of the infamous Khan Market group and human rights organizations like Amnesty, spread misinformation about the NRC, claiming it would lead to widespread loss of citizenship. Notably, Mamata Banerjee, who repeatedly labeled her political opponents like the BJP as “Kafirs” (infidels) to strengthen her Muslim-supporting credentials, also declared in March 2024 that she would prevent the NRC from being implemented in West Bengal.


Additionally, the now-banned Islamist group Popular Front of India (PFI) had planned to incite a “civil war” in response to the Centre's plans for the Citizenship Amendment Act (CAA) and NRC. In 2020, journalist Faye Dsouza created a ‘cheat sheet’ to counter discussions about CAA and NRC, which circulated widely.


This fearmongering, propaganda, and the ‘Qudrati Biryani’ special anti-CAA/NRC/NPR protests culminated in the violent anti-Hindu riots in Delhi in 2020, where Islamist mobs targeted authorities and local Hindus. On one hand, these groups opposed the CAA, which aimed to grant citizenship to persecuted Hindus, Buddhists, Sikhs, and other non-Muslims from Pakistan, Bangladesh, and Afghanistan—countries with Muslim majorities. On the other hand, they also opposed the Centre’s push to implement the NRC to identify illegal immigrants. Essentially, they sought to prevent India from granting citizenship to persecuted Hindus while also blocking efforts to detect and deport illegal Muslim immigrants, such as Rohingyas and Bangladeshis.


The violence, stone-throwing, and chaos stirred by Islamists, along with the opposition from their political and media allies, make it increasingly difficult to systematically identify and deport illegal immigrants. In Assam, for example, the NRC list published in August 2019 left 19.06 lakh people out of the 3.3 crore applicants. In December 2024, the BJP government in Assam announced that new Aadhaar Card applicants would be required to submit their NRC application receipt number (ARN), a move aimed at preventing illegal immigrants from acquiring Aadhaar cards and misusing them for identification and benefits reserved for Indian citizens.


While the government has taken steps to limit illegal immigration and identify undocumented individuals, the implementation of these measures, including the NRC in Assam, continues to face strong opposition from Islamists and the political parties aligned with them. In a recent display of unjustified sympathy for illegal immigrants, Congress leader Sam Pitroda expressed support for illegal Bangladeshi immigrants living in India and criticized the Modi government for its efforts to remove them. “We are not thinking about our planet. We are not concerned about global warming…Because we are busy hounding immigrants who are poor and hungry. They do so much work to come here…Of course illegally. I understand it is not right but we are busy targeting illegal Bangladeshis and minorities,” he said.


The 2020 anti-Hindu riots in Delhi, along with violence in other regions like Uttar Pradesh and West Bengal over the CAA, NRC, and NPR, highlight the challenges the government faces in addressing the issue of illegal immigration. Efforts to distinguish between genuine refugees and illegal immigrants, and to deport those who do not belong, have been met with widespread violence and disorder within the country. Consequently, it is crucial for the government to handle the identification and deportation of illegal immigrants with caution.


Furthermore, the political manipulation of this national security issue, disguised as humanitarian concerns, and the attempts to shame the Centre for taking a firm stance on deportations only worsen the situation. While the Centre seeks to identify and deport illegals while preventing further infiltrations, certain political parties and governments, focused on appeasing Muslim voters, actively work to support the continued presence of illegal Rohingya Muslims in India. It is clear that political gain takes precedence over national security for these ‘secular’ parties.


A notable example of this was the Aam Aadmi Party (AAP) government in New Delhi, which attempted to relocate illegal Rohingya migrants. However, the Central government intervened, stating that none of these migrants would be given EWS flats and that holding a UNHCR refugee card does not grant them legal status in India, as the Indian law does not recognize this card. Additionally, reports surfaced alleging that AAP leaders, including MLA Amanatullah Khan, facilitated the illegal settlement of 300 Rohingya Muslims in the Madanpur Khadar area of Delhi.


While AAP worked to settle these illegals, AIMIM leader Asaduddin Owaisi criticized Defence Minister Rajnath Singh's description of the Rohingya infiltrators as "illegal immigrants," calling his remarks "disingenuous."


It is important to note that the Rohingyas bypass a safer refuge in Bangladesh to enter India in search of material benefits, making them economic migrants rather than persecuted minorities seeking asylum. This further underscores the reality that their presence in India is not driven by oppression but by economic motives.


Judicial Interventions Add Complexity to the Already Challenging Deportation Process

In 2021, the Supreme Court of India approved the deportation of illegal Rohingya immigrants from Jammu to Myanmar, emphasizing that the fundamental right to settle in India is reserved for Indian citizens. In June 2024, the Jharkhand High Court directed the state government to identify illegal Bangladeshi immigrants and develop a plan for their deportation. While some courts have permitted the deportation of illegal immigrants, stressing the need to follow due process, those advocating for the rights of these illegal Muslim immigrants often seek judicial intervention to prevent their removal. Petitions and cases questioning the constitutional validity of the NRC and related laws further delay any action.


Breaking Free from the "If the US Can Do It, Why Not India" Mindset

While the Trump administration's efforts to crack down on illegal immigrants from countries like Colombia, Mexico, or even India is commendable, the suggestion that “if Trump can do it within days of coming to power why not the Modi government doing the same?” is an oversimplified and misguided critique. The contexts of India and the US are vastly different. In the US, there is an established legal framework for immigration and deportation, supported by agencies like Immigration and Customs Enforcement (ICE), which enables swift action to deport illegals—many of whom seek better economic opportunities or a decent life, rather than fleeing persecution or statelessness.


In contrast, India's process is far more complex and faces numerous obstacles. For the US, political will and strong enforcement of existing laws were enough to address illegal immigration, particularly as it can leverage its global position to facilitate the return of immigrants to their countries of origin, as demonstrated by Colombia's recent shift in policy.


Moreover, India shares a porous border with Bangladesh and Myanmar, with only 30 km of the 1,624 km-long Indo-Myanmar border properly fenced. Even building fences faces regional and political hurdles. Additionally, India's federal structure gives both the central and state governments power, unlike the more centralized US federal system, which allows for more consistent implementation of policies even in the face of state resistance. Therefore, comparing the immigration situations in India and the US overlooks the complex realities of governance and policy implementation in two distinct democracies.


The same "If the US can do it, why not India?" argument surfaced when President Trump signed the executive order to withdraw from the World Health Organization over issues like the mishandling of Covid and China's growing influence. OpIndia, however, provided a detailed explanation of why emulating the US in this regard would not be advisable for India.


Ongoing Deportation of Illegal Rohingya and Bangladeshi Immigrants Despite Challenges

The task of identifying, detaining, and deporting illegal immigrants is undoubtedly challenging. Nevertheless, despite these difficulties, the Central government has consistently pursued deportation efforts. India has also been in diplomatic discussions with Bangladesh to address the issue of illegal immigration. While Bangladesh has often been indifferent to accepting its nationals who have illegally entered India, slow but visible progress has been made.


In December 2024, as part of a special initiative to identify and deport illegal immigrants, India deported 14 Bangladeshi nationals from Central Delhi to Bangladesh. The South-West Delhi Police also deported 8 Bangladeshi nationals during the same month.


In 2021, India deported several Rohingya refugees from Jammu. This followed the detention of 170 Rohingya migrants from a camp in Jammu for document verification, many of whom were eventually sent to Hiranagar Jail before being deported. These actions highlight India’s commitment to deportation efforts despite international scrutiny and propaganda.


In December 2024, over 400 households had their electricity and water connections severed, and eviction orders were issued for illegally occupied land by immigrants. Four Rohingyas were arrested during this operation.


In the same month, Delhi police uncovered a significant illegal immigration racket and arrested 11 individuals, including document forgers, Aadhaar operators, and tech experts involved in creating fraudulent websites.


On December 9, 2024, Chhattisgarh’s Home Minister, Vijay Sharma, reported that approximately 850 illegal Bangladeshi infiltrators had been deported from the state. He emphasized that all infiltrators would be identified and expelled, noting that 500 had already been deported from Bastar and 350 from Kawardha.


In 2024, police across various states arrested Bangladeshi illegal immigrants, some of whom were involved in criminal activities. In August 2024, the Delhi Police revealed in a chargesheet that Bangladeshi illegals were running an illegal organ transplant racket.


On January 25, 2025, the Delhi Police apprehended seven Bangladeshi nationals for overstaying their visas. The individuals were detained in a hotel in Delhi and deported back to Bangladesh.


In May 2024, Manipur’s Chief Minister, Biren Singh, revealed that 5,457 illegal immigrants were detected in Kamjong district, with 359 voluntarily returning to Myanmar. By then, 38 Myanmar nationals had already been deported, bringing the total deportations to 77 since March 8, 2024.


In June 2024, OpIndia reported on the Manipur government and security forces’ efforts to combat fake Aadhaar and voter ID scams aiding illegal Myanmar immigrants. Police arrested two Myanmar infiltrators in Churachandpur district with fake identity documents. Similar incidents occurred in the following months.


Back in 2018, authorities arrested 10 individuals involved in two fake Aadhaar card rackets operating in the border towns of Jirbhim and Moreh. Of the arrested, 9 were illegal Muslim immigrants from Myanmar. Authorities seized multiple counterfeit Aadhaar cards, laptops, and printing equipment.


Similarly, in May 2018, 98 illegal immigrants using fake Aadhaar cards were arrested in Imphal City.


In October 2021, Assam Rifles troops apprehended 24 Burmese nationals with counterfeit Aadhaar cards in Manipur’s Tengnoupal district. This came just after 11 Myanmar nationals were arrested at Imphal Airport for attempting to board a flight to Delhi using fake documents.


In January 2025, three Rohingya Muslims, including two women, were arrested at Kolkata’s Sealdah railway station.


On January 28, 2025, Jaipur Police detained 500 people, including 394 Rohingya and Bangladeshi nationals, in a large-scale operation targeting illegal immigrants and associated criminal activities.


Despite numerous challenges, India’s deportation efforts continue to progress. The government and security agencies have stepped up their measures, including enhancing border security, erecting fences (including smart fencing), installing CCTV cameras, and engaging in diplomatic dialogues. Recently, Delhi Police has revived its “Bangladesh Cells,” also known as “Foreigners Detection Cells,” staffed with Bangla-speaking officers to gather intelligence in areas with suspected illegal Bangladeshi immigrants. These officers are tasked with identifying, detaining, and deporting illegal immigrants.


Looking Ahead

Indian authorities are addressing the numerous challenges involved in deporting illegal immigrants, including legal, logistical, geographical, and political opposition from various quarters. Both the Central government, security agencies, and police forces are taking a multi-faceted approach to combat illegal immigration. While the issue of illegal Rohingya and Bangladeshi immigrants, often involved in criminal activities, remains unresolved, India must accelerate the deportation process, prioritizing action over international scrutiny and domestic opposition.


India should strengthen border security by improving surveillance technology and increasing manpower along its borders with Myanmar and Bangladesh. A comprehensive database for identity verification should be established, and the Modi government must consider the careful yet effective implementation of the National Register of Citizens (NRC). Despite recent tensions with Bangladesh, particularly after the rise of Islamists in August 2024, India should continue negotiating repatriation agreements and applying diplomatic pressure when necessary. Myanmar should also be engaged in similar negotiations. Fast-tracking legal proceedings for illegal immigrants will further expedite deportation. Authorities are also focusing on verifying documents, investigating the origins of suspected illegals, and tracking unauthorized settlements.


Through a combination of strict law enforcement, political resolve, cooperation among security agencies, international partnerships, and the implementation of crucial measures like the NRC and NPR, India can effectively address the complex issue of illegal immigration and deportation. While the country is making progress toward reducing, if not completely eliminating, illegal immigration, much work remains to be done.


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