In early 2024, the Government of India, through the Ministry of Home Affairs (MHA), formally urged the Government of Bangladesh to expedite the verification process of 2,800 illegal immigrants currently pending repatriation. This request stems from delays averaging 6 to 12 months in verification, which obstruct India’s enforcement of immigration laws and raises national security concerns. The verification process is a bilateral obligation under the India-Bangladesh repatriation agreements signed in 2011 and renewed in 2018. The stalled verification undermines India’s efforts to manage illegal immigration, particularly in Delhi and border states, where the burden on public services and infrastructure is significant.

Legal Framework Governing Illegal Immigration and Verification

India’s constitutional and legal provisions provide the basis for managing illegal immigration and repatriation. Article 355 of the Constitution of India mandates the Centre to protect states against external aggression and internal disturbance, underpinning immigration enforcement. The Foreigners Act, 1946 (Sections 3 and 9) criminalizes illegal entry and empowers authorities to detain and deport illegal immigrants. The Passport (Entry into India) Act, 1920 regulates entry procedures, while the Citizenship Act, 1955 (Sections 3, 5, and 6) defines citizenship acquisition and addresses illegal immigrants’ status. The Supreme Court judgment in Sarbananda Sonowal v. Union of India (2005) clarified procedural safeguards for deportation but upheld the state’s right to deport illegal immigrants, emphasizing bilateral verification.

• Article 355 empowers the Centre to ensure state security against illegal immigration.
• Foreigners Act sections 3 and 9 provide legal grounds for detention and deportation.
• Citizenship Act sections 3, 5, and 6 regulate citizenship and illegal immigrant status.
• Sarbananda Sonowal judgment mandates due process but affirms deportation rights.

Economic and Social Impact of Illegal Immigration in Delhi

Illegal immigration imposes a substantial economic burden on Delhi’s public services. The Ministry of Home Affairs estimates an annual cost of approximately INR 500 crore due to increased demand on healthcare, affordable housing, and social welfare schemes. The undocumented workforce contributes to unregulated economic activity, causing loss of tax revenues and complicating labor market dynamics. Additionally, remittances from Bangladesh to India amount to USD 1.2 billion (World Bank, 2023), indicating economic interlinkages that influence migratory flows. High population density in Bangladesh (1,265 persons per sq km) exacerbates migration pressures, indirectly impacting Delhi’s urban infrastructure.

• INR 500 crore annual cost on public services in Delhi (MHA, 2023).
• Pressure on affordable housing and healthcare sectors.
• Loss of tax revenue due to undocumented labor participation.
• USD 1.2 billion remittances from Bangladesh to India (World Bank, 2023).
• Bangladesh’s high population density fuels migration pressures.

Institutional Roles in Verification and Repatriation

The Ministry of Home Affairs leads immigration enforcement and coordinates with Bangladesh on verification. The Ministry of External Affairs handles diplomatic engagement to resolve bottlenecks in verification. The Border Security Force (BSF) manages border security and apprehension of illegal entrants. On the Bangladesh side, the government is responsible for verifying the nationality of detainees and facilitating repatriation. The National Register of Citizens (NRC) in Assam serves as a model for identity verification but is not yet a nationwide tool, contributing to verification delays.

• MHA: Immigration enforcement and bilateral coordination.
• MEA: Diplomatic facilitation for verification processes.
• BSF: Border management and illegal immigrant apprehension.
• Bangladesh Government: Verification and repatriation responsibility.
• NRC Assam: Model for identity verification, not yet nationwide.

Data on Illegal Immigration and Verification Delays

Comparative Analysis: India-Bangladesh vs. US Immigration Verification

The United States’ Secure Communities Program (2013-2017) integrated federal immigration enforcement with local law enforcement databases, expediting identification and deportation. It reduced verification time by approximately 40% compared to earlier decentralized systems (DHS Report, 2018). In contrast, India’s bilateral verification with Bangladesh remains slower due to diplomatic sensitivities, lack of integrated biometric databases, and procedural delays. The absence of a unified national biometric identity system for illegal immigrants in India prolongs verification and repatriation, unlike the US model which leverages technology and inter-agency coordination.

Critical Gaps in India’s Verification Mechanism

India’s reliance on bilateral verification without a comprehensive, unified biometric database for illegal immigrants causes prolonged delays and legal ambiguities. Unlike countries with integrated digital identity systems, India faces administrative bottlenecks and diplomatic hurdles. The absence of a nationwide identity verification mechanism akin to the NRC limits effective enforcement. This gap undermines timely deportation and complicates maintaining internal security under Article 355.

• Verification delays due to lack of unified biometric database.
• Dependence on Bangladesh’s administrative efficiency and cooperation.
• Legal ambiguities in defining and processing illegal immigrants.
• Limited scalability of NRC model beyond Assam.

Way Forward: Enhancing Bilateral Cooperation and Domestic Mechanisms

• Establish a joint India-Bangladesh digital platform for real-time biometric verification to reduce delays.
• Expand the NRC model nationwide with adequate safeguards to identify illegal immigrants systematically.
• Strengthen diplomatic engagement through MEA to expedite verification and repatriation processes.
• Enhance capacity-building for Bangladesh authorities to process verification swiftly.
• Integrate immigration enforcement with local law enforcement agencies for better coordination, learning from the US Secure Communities experience.

Jharkhand & JPSC Relevance

• JPSC Paper: Paper 2 - Governance and Internal Security
• Jharkhand Angle: Jharkhand shares porous borders with Bangladesh via West Bengal and Bihar, making illegal immigration a potential concern for border management and resource allocation.
• Mains Pointer: Frame answers highlighting border security challenges, role of state and central agencies, and need for inter-state coordination in illegal immigration management.