• West Bengal: At least seven residents, wrongfully identified as Bangladeshis and pushed across the border by the BSF, were brought back to India after the West Bengal government intervened.
• Assam: Similar incidents occurred where alleged Bangladeshi nationals were pushed into Bangladesh but later returned after being confirmed as Indian citizens or having unresolved citizenship cases.

Why this has become an issue:

• Post-August 2024, following a change in government in Bangladesh, India’s Union Home Ministry directed police nationwide to identify anyone with forged documents suspected of being Bangladeshi.
• The crackdown intensified after the Pahalgam terror attack in April and Operation Sindoor, leading to mass pushbacks (nearly 2,500 people so far), instead of formal deportation.
• On 10 May, Assam’s CM Himanta Biswa Sarma announced adoption of a “pushback” policy to stop perceived infiltration, bypassing lengthy legal procedures.
• Home Minister Amit Shah instructed intelligence agencies to arrest and deport undocumented migrants, employing pushbacks even without cooperation from neighboring countries.

Deportation vs. Pushback

• The Home Ministry clarified to Jharkhand HC in 2024 that detection and deportation responsibilities were handed to State police, as India lacks a federal-level enforcement agency for foreigners.

Relevant Laws

1.     Immigrants (Expulsion from Assam) Act, 1950

·       Proposed in early June 2025 by Assam’s CM, empowering district commissioners to identify and evict illegal immigrants.

·       Although intended mainly for Assam, its language extends to all of India.

·       Section 2 allows the Union government to order the removal of individuals deemed harmful, requiring them to leave within a specified timeframe.

2.     Foreigners & Immigration Laws

·       Prior to April 2025, India used multiple pre-independence era laws: the Foreigners Act (1946), Passport Act (1920), Registration of Foreigners Act (1939), and Immigration (Carriers’ Liability) Act (2000).

·       These were replaced in April 2025 by the Immigration and Foreigners Act, 2025, which consolidated and updated these provisions.

Border-Specific Regimes

• Nepal–India & India–Myanmar borders are governed differently:
• Nepal: Open border with Free Movement Regime allowing residents within 10 km to move freely.
• Myanmar: Post-2023 fencing plan initiated following ethnic violence; over 40,000 Chin (ethnic group) refugees entered Mizoram after the 2021 coup.
• The MHA directive (March 2021) asked four north-eastern states to identify and deport Myanmar-origin refugees, asserting that state governments cannot grant refugee status, since India hasn’t ratified the UN Refugee Convention.

Recent Enforcement Actions

• The April 2025 Pahalgam terror attack triggered a renewed crackdown on undocumented migrants.
• Individuals from states like Rajasthan, Gujarat, and Maharashtra were transferred by train or flight to border areas (e.g., Agartala) and handed over to the BSF.
• Border personnel have started recording biometrics and photos of those pushed back.
• The MHA directive stipulates that migrants claiming Indian nationality must have their claims verified by the District Magistrate within 30 days; failure to do so results in deportation by a Foreigners Regional Registration Officer (FRRO).
• In 2022, the UIDAI was instructed to maintain a “negative list” to prevent undocumented migrants from accessing government-issued identity documents.

Why It Matters

This situation touches on several critical issues:

1. Legal vs. Arbitrary Practices: Pushbacks sidestep due process and judicial oversight.
2. Human Rights Concerns: Citizens and genuine residents risk being wrongly expelled without recourse.
3. Policy and Governance: The shift from formal legal frameworks to informal state-level enforcement raises questions about accountability, discretion, and the separation of powers.