Accurate data on illegal migrants not possible; 14,346 foreigners deported in 5 years: Centre to Supreme Court

The Union Home Ministry on Monday told the Supreme Court that it would not be able to provide accurate data on the extent of illegal migration of foreigners into India since such migrations happen in a secretive manner [In Re: Section 6A Citizenship Act 1955]..It stated on affidavit that 14,346 foreign nationals were deported from the country between 2017 and 2022, and 17,861 migrants who had entered Assam between January 1966 and March 1971 were given Indian citizenship."Illegal migrants enter into the country without valid travel documents in a clandestine and surreptitious manner. The detection, detention and deportation of such illegally staying foreign nationals is a complex ongoing process. It is not possible to collect accurate data of such illegal migrants staying in various parts of the country," the affidavit said.The Ministry added 32,381 persons were declared foreigners by orders of Foreigners Tribunals between the same period. Further, in the last five years, a sum of ₹122 crores was released by the Central government towards the functioning of such tribunals..The affidavit, sworn by the Union Home Secretary, came in response to a Supreme Court order of December 7. A Constitution bench of Chief Justice of India (CJI) DY Chandrachud with Justices Surya Kant, MM Sundresh, JB Pardiwala and Manoj Misra had asked the Central government to submit details on the number of immigrants who were conferred Indian citizenship through Section 6A(2) of the Citizenship Act, 1955.The Court had questioned the government on what steps have been taken so far to curb illegal migration into Indian territory.The information called for is on the following aspects:1. The number of persons on whom citizenship has been granted under Section 6A(2) of the Citizenship Act, namely those who came between January 1,1966 to March 25, 1971.2. How many foreigners were detected under orders of the foreigners' tribunals with reference to the above time period?3. The estimated inflow of illegal migrants into India including but not confined to Assam.4. In respect of persons who are alleged to have entered India after March 25, 1971, (a) the total number of foreigners' tribunals set up by the Central government, (b) the total number of cases disposed of, (c) the number of cases pending as on date, (d) the average time taken for disposal of cases and (e) the number of cases pending before the Guwahati High Court on such issues.5. The steps taken by the Central government on the administrative level to deal with illegal immigration into the territory of India, particularly North-Eastern States..The Court sought these details while hearing challenge to the validity of Section 6A of the Citizenship Act. Section 6A concerns the grant of citizenship to immigrants who are covered by the Assam accord.As per Section 6A, people who entered India between January 1, 1966, and March 25, 1971, and have been living in Assam, will be allowed to register themselves as citizens. The outcome of this case will have a major bearing on the National Register of Citizens (NRC) list.Several petitions have been filed before the Supreme Court challenging the constitutionality of this provision and raising concerns that it has worsened the problem of illegal immigration in Assam..In its affidavit, the government said that there are 100 Foreigners Tribunals currently functioning in Assam. 3,34,966 cases were disposed of by them till the end of November this year while 97,714 cases remain pending. As of December 1, there are 8,461 appeals against orders of such tribunals pending before the Gauhati High Court, the affidavit further said.81.5 per cent of fencing work in feasible (non-riverine/topographically challenging) areas of the Assam-Bangladesh border are complete, it was stated. The total length of the border in such feasible areas is 210 km.