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Illegal immigration to India

Illegal foreigners in India

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Through India, Bangladesh and Pakistan

Refugees in India are different from the illegal immigrant in India. An exception was made in 2015 for minority communities of Bangladesh, Pakistan and Afghanistan who were compelled to seek shelter in India due to religious persecution or fear of religious persecution. They are not classified as illegal migrants and remain eligible for citizenship, as they are legally considered refugees in India.

The Indian Census of 2001 gives information about migrants, but not exclusively illegal immigrants. As per the 2001 Census, Bangladeshis form the largest group of migrants in India, followed by Pakistanis.

Indian citizens and National Register of Citizens

Indian nationality law is governed by the Citizenship Act, 1955 (Articles 5 to 11 (Part II) of the Constitution of India), which has been amended by the Citizenship (Amendment) Acts of 1986, 1992, 2003, 2005, 2015 and 2019.

The National Register of Citizens of India (NRC) is a register envisaged by the Government of India containing names and certain relevant information for identification of Indian citizens. The register was first prepared based on the 1951 Census of India, but it was not maintained afterwards. The exercise to update it for the state of Assam was carried out recently via an order of the Supreme Court of India in the year 2013.

The Government of India has announced its intention to recreate an NRC for the whole of India, but it is not yet been operationalised Meanwhile, there have been demands from some border states, such as Manipur, to create an NRC for their states.

Foreigners

Persons in India without either a valid Indian citizenship or a visa are considered by the central government as illegal and unlawful immigrants. Illegal immigrants are subject to the Immigration and Foreigners Act, 2025 which defines a foreigner as a person who is not a citizen of India under Section 2(f). According to Foreigners (Amendment) Order, 2015 persons belonging to minority communities in Bangladesh and Pakistan, namely, Hindus, Sikhs, Buddhists, Jains, Parsis and Christians who were compelled to seek shelter in India due to religious persecution or fear of religious persecution and entered into India on or before 31 December 2014 with or without valid documents including passport or other travel document are granted exemption from the application of provisions of the Foreigners Act, 1946. Where the nationality of a person is not evident, the onus of proving whether a person is a foreigner or not shall lie upon such person. Furthermore, anyone who believes that a foreigner has entered India, or the owners and managers of the property where such a foreigner resides illegally in India must inform the nearest police station within 24 hours of their presence becoming known. The Foreigners Act empowers the Indian administration to detain a person until they are deported back to their country.

Illegal migrants

Preventing the entry of illegal migrants into India is important as they impose pressure on citizens and pose a security threat, especially in sensitive areas such as Jammu and West Bengal. For example, the Indian security establishments said that "Some Rohingyas sympathizing with many militant group's ideologies may be active in Jammu, Delhi, Hyderabad, and Mewat and can be a potential threat to internal security."

According to Indian law, illegal immigrants are not refugees. Since India is not a signatory to the 1951 Refugee Convention, the United Nations principle of non-refoulement and impediment to expulsion does not apply in India. Illegal immigrants are denied impediment to expulsion if they do not fall within the host country's legal definition of a lawful refugee.

Illegal immigrants are people who migrate to a country in violation of the immigration laws of that country, or the continued residence of people without the legal right to live in that country. Illegal immigration tends to be financially upward, from poorer to richer countries.

In 2005, the Illegal Migrants (Determination by Tribunal) Act, 1983 was rejected by the Supreme Court of India which held that the act "has created the biggest hurdle and is the main impediment or barrier in the identification and deportation of illegal migrants." On 9 August 2012, during a Supreme Court hearing about a public interest litigation petition for deportation of illegal migrants, it was told that the policy of the government of India does not support any kind of illegal migration either into its territory or illegal immigration of its citizens and the government is committed to deporting illegal Bangladeshi migrants, but only lawfully.

The government of India has recognised immigrants from Tibet and Sri Lanka as refugees in the past, providing free education and some identification to the former.

The Citizenship Amendment Act 2019 amended the Citizenship Act, 1955 to allow migrants from minority communities like Hindu, Sikh, Buddhist, Jain, Christian, Parsi who fled religious persecution from Afghanistan, Bangladesh, and Pakistan to be eligible for Indian citizenship provided they came into the country on or before 31 December 2014, excluding people from the Muslim community (the majority community of those nations).

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