Deportation vs. Pushback: Understanding India’s Crackdown on Undocumented Migrants

 Deportation vs. Pushback: Understanding India’s Crackdown on Undocumented Migrants

✍️ A Suryavanshi IAS Blog for UPSC Aspirants | June 2025 Edition

---

🧭 The Story So Far: What Sparked the Debate?

At least seven West Bengal residents were recently brought back from Bangladesh after being wrongfully pushed back by the BSF, on suspicion of being illegal Bangladeshi migrants. West Bengal Chief Minister Mamata Banerjee criticized the move, stating that native Bengali speakers are being labelled as Bangladeshis, especially in BJP-ruled states.

This comes in the backdrop of a nationwide crackdown on undocumented migrants initiated by the Union Home Ministry following:

• A regime change in Bangladesh (August 2024),
• The Pahalgam terror attack in April 2025,
• And the launch of ‘Operation Sindoor’, targeting suspected infiltrators.

---

⚖️ What Is the Difference Between Deportation and Pushback?

Basis	Deportation	Pushback
Definition	Legal process to expel a foreigner through court orders	Informal expulsion at the border without legal proceedings
Legal Status	Backed by law and court rulings	Not codified in law; based on security discretion
Procedure	Detention → Trial → Country of origin contacted → Formal removal	Immediate removal without trial
Authority	Requires coordination with MEA and the foreign country	Often carried out by border security forces

Conclusion: Deportation is a judicial and diplomatic process. Pushback is administrative and sometimes arbitrary, which raises ethical and legal concerns.

---

🧑‍⚖️ What Are India’s Immigration Laws?

Until 2025, India used colonial-era laws to deal with foreigners. Key ones included:

1. The Foreigners Act, 1946
2. The Passport (Entry into India) Act, 1920
3. The Registration of Foreigners Act, 1939
4. The Immigration (Carriers' Liability) Act, 2000

In April 2025, Parliament enacted the Immigration and Foreigners Act, 2025, consolidating these laws into a modern framework.

---

📜 The Immigrants (Expulsion from Assam) Act, 1950

This Act is Assam-specific and empowers the Union Government to expel foreigners if:

• Their presence is deemed detrimental to the general public or to Scheduled Tribes in Assam.

It allows District Commissioners to declare individuals as illegal immigrants and initiate expulsion. Assam CM Himanta Biswa Sarma recently proposed its revival to evict undocumented migrants.

---

🌍 India’s Border Dynamics: What Makes the Issue Complex?

Border	Nature of Movement
Nepal	Free movement under bilateral treaty
Myanmar	10-km Free Movement Regime (FMR); currently suspended
Bangladesh & Pakistan	Strict regulation; subject to border fencing & checks

🔹 After the 2021 Myanmar coup, over 40,000 Chin refugees fled to Mizoram.

🔹 In 2021, the MHA clarified: States cannot grant refugee status, as India is not a signatory to the 1951 UN Refugee Convention or its 1967 Protocol.

---

🔎 The Recent Drive: What's Behind It?

Since April 2025, India has intensified action to:

• Identify and detain undocumented migrants
• Push them to border areas (Tripura, Assam)
• In some cases, fly them across states to borders
• Collect biometrics and photographs
• Maintain a "negative list" through UIDAI to deny them IDs

➡️ Pushback numbers so far: ~2,500 people

➡️ In many cases, citizenship is still under judicial review or proof of Indian nationality exists

---

🧠 Why Is This Important for UPSC Aspirants?

This topic connects with:

UPSC Paper	Relevance
GS Paper II	Governance, Centre-State relations, refugee policy, federalism
GS Paper III	Internal security, border management
Essay Paper	Human rights, national integration vs security
Ethics Paper	Human dignity, administrative discretion, refugee compassion

---

📝 UPSC Mains Practice Question

Q. Differentiate between deportation and pushback. Critically examine the legal, humanitarian, and administrative challenges involved in India’s efforts to deal with undocumented migrants.

(250 words)

---

🧾 Prelims MCQ Sample

Q. Consider the following statements regarding immigration laws in India:

1. India is a signatory to the UN Refugee Convention, 1951.
2. The Foreigners Act, 1946 was repealed by the Immigration and Foreigners Act, 2025.
3. States in India can declare refugee status based on humanitarian grounds.

Which of the above statements is/are correct?

a) 1 and 2 only

b) 2 only

c) 2 and 3 only

d) 1, 2 and 3

✅ Answer: (b)

---

📢 Launching Soon: Suryavanshi IAS UPSC Foundation Course (2025–26)

🎯 Starting: 2nd July 2025 | 📍 Location: Rahul Vihar, Near Manas Enclave, Lucknow

👥 Ideal for Class 12 Passouts and Beginners

📘 Focused modules on Constitution, Internal Security, Governance

🧠 Special sessions on Current Affairs + Mains Answer Writing

📞 Contact: 6306446114

“UPSC isn’t just about studying hard — it’s about understanding deeply.” Start early. Start smart.

---

🧩 Final Thoughts

The evolving legal and ethical questions around deportation and pushback underline a key tension in Indian policy: security vs human rights. As a future civil servant, understanding these nuances will help you make policy that balances legality, compassion, and national interest.