Hundreds of people have queued up near West Bengal’s border crossings with Bangladesh in recent days amidst a state government-led crackdown on undocumented immigrants. The government is building detention centres to hold immigrants without valid papers caught in this campaign. Suvendu Adhikari, the chief minister, has said that those staying in India illegally can be deported without being presented before a court. As the Bengal government’s policy of detecting and deporting undocumented immigrants picks up steam, two key questions repeatedly surface. What rights do illegal immigrants in India have? And how must a state or the federal government enforce the law in a way that is firm, yet fair and humane?
The Immigration and Foreigners Act, 2025 codifies the nation’s policy towards immigrants and visitors. It explicitly puts in place a legal mechanism under which people accused of violating the law face the burden of proof to establish that they are not guilty. In the past, courts have held that undocumented immigrants only have the right to life and personal liberty under Article 21 of the Indian Constitution. Additionally, the Supreme Court of India, in December 2025, made it clear in a landmark judgment that immigrants without the right papers have none of the other rights that Indian citizens are eligible to. That suggests that Mr Adhikari is legally correct: the government is under no obligation to take those it has detained to court before putting them in holding centres or deporting them.
But this policy carries real risks. As the controversial Special Intensive Revision of electoral rolls in Bengal showed, an overzealous officialdom or genuine mistakes could lead to Indian citizens getting caught in the dragnet meant for undocumented immigrants. Several electors whose names had been struck off by the SIR have
had them reinstated after their vetting by the Supreme Court-appointed
tribunals. There is also the illustrative case of Sunali Khatun who, having been wrongfully deported to Bangladesh, was returned to India after the intervention of the highest court. Judicial oversight, along with executive supervision, is desirable when it comes to such a sensitive issue. What should accompany such institutional monitoring is a humane approach to treat undocumented immigrants who are being deported. They must be treated with dignity and their safety must be ensured so that the constitutional protections they are entitled to are not violated.
Illegal migration is not limited to India. It is a global phenomenon that is likely to aggravate on account of economic, social and climate-related challenges. There are no easy answers to resolve the issue. But most democracies give those they plan to deport a chance to defend themselves. In the United States of America or in Europe, that right ensures checks and balances, irrespective of the political mood of the day. India must examine whether its approach is one that can stand the test of time. Justice must be done, and it must also be seen to be done. That alone will make the West Bengal government’s policy lasting and successful.