Illegal Immigration to India: Implications and the Way Forward

Since gaining independence in 1947, India has been a major destination for individuals fleeing persecution, poverty, and political instability from neighbouring countries. India’s geostrategic location, democratic ethos, and relatively strong economic condition have attracted waves of migrants and refugees from regions such as Tibet, Afghanistan, Sri Lanka, Myanmar, Pakistan, and particularly Bangladesh.

 

While some of these movements are rooted in humanitarian crises, others are driven by economic motives. The challenge lies in the lack of a structured legal framework that differentiates between genuine asylum seekers and illegal economic migrants. This legal vacuum, combined with porous borders and inconsistent enforcement, has made illegal immigration a persistent and growing problem with profound implications for India’s national security, social fabric, and economic resources.

 

The Nature and Scale of the Problem

 

India’s experience with immigration is complex. Refugees from Pakistan, Tibet, Afghanistan, and Sri Lanka have been handled with a mix of compassion and pragmatism, albeit in an ad hoc manner through executive orders. However, the influx from Bangladesh and Myanmar, both in terms of scale and impact, has largely remained unaddressed. Illegal immigration from Bangladesh has been a decades-long issue. India shares a 4,096-kilometre border with Bangladesh across five states—West Bengal, Assam, Meghalaya, Tripura, and Mizoram. This porous and often poorly managed border facilitates large-scale illegal crossings. Factors such as poverty, political instability, and religious persecution have driven millions to cross into India in search of safety and opportunity.

 

Though accurate data is hard to come by, estimates suggest that around 20 million illegal Bangladeshi immigrants- a figure quoted by the then Minister of State (Home) Kiran Rijiju in Parliament in 2016- may be residing in India. These individuals are often absorbed into informal labour sectors in cities, but their sheer numbers have led to noticeable demographic changes, especially in border states. A substantial number of these illegal Bangladeshi immigrants are non-Muslims who would eventually receive Indian citizenship under the provisions of the Citizenship (Amendment) Act, 2019. Their number is difficult to estimate but is certainly significant. The National Registration of Citizens (NRC) report released in Assam on August 31, 2019, in compliance with the 1985 Assam Accord, has identified over 19 lakhs illegal immigrants in Assam, of which around seven lakhs are Muslims and the rest are non-Muslims.

 

The Rohingya crisis in Myanmar presents another dimension. As a stateless Muslim minority persecuted in Myanmar’s Rakhine state, many Rohingyas have fled to India, often transiting through Bangladesh. The then Minister of State (Home) Kiran Rijiju informed the Rajya Sabha in August 2017 that the illegal Rohingya population in India exceeded 40,000. It is estimated that approximately 75,000 illegal Rohingya immigrants are currently living in India, with around 22,000 of them registered as refugees with the United Nations High Commissioner for Refugees (UNHCR) office in New Delhi.

 

The movement of Rohingyas into sensitive areas like Jammu and Kashmir raises significant security concerns. Moreover, the potential for their radicalisation exists, especially since global terror outfits like ISIS and Al-Qaeda have expressed interest in exploiting their plight. Given that most Rohingyas have arrived via Bangladesh, India is not their first country of refuge; thus, it may not have any international legal obligation to host them as refugees.

 

Socio-Economic and Demographic Impacts

 

Illegal immigration places a multi-layered burden on India’s resources, economy, and society. These include: –

• Demographic Shifts: States like Assam, West Bengal, and Tripura have experienced significant demographic changes due to the influx, fueling local discontent and identity-based politics. The fear of cultural dilution has sparked widespread agitation, including the Assam Movement, which culminated in the Assam Accord of 1985 that has yet to be fully implemented.
• Strain on Public Services: Unauthorised immigrants, often living in poverty, place considerable pressure on public services such as healthcare, education, housing, and sanitation. In urban areas, they frequently reside in overcrowded slums, resulting in unsanitary conditions and heightened risks of communicable diseases.
• Labour Market Distortion: Illegal migrants willing to work for lower wages suppress income levels in labour-intensive sectors such as construction and agriculture. This displaces local workers and disrupts wage structures.
• Land Encroachment and Rural Unrest: Illegal settlers encroaching on agricultural and forest lands have sparked conflicts with local populations, especially in the Northeast. These disputes have exacerbated agrarian distress and fueled social unrest.
• Overburdening of Welfare Schemes: Without a robust identification system, illegal migrants can sometimes access welfare schemes intended for Indian citizens, thereby diluting the intended benefits of these schemes for Indian citizens.

 

National Security Challenges

 

The unchecked influx of illegal migrants also poses serious security concerns:

• Terror Links and Radicalisation: There is increasing concern that extremist groups may exploit migrant communities, particularly vulnerable populations like the Rohingya, for recruitment and indoctrination.
• Border Security and Infiltration: India’s eastern border is exploited not just for illegal migration but also for smuggling, human trafficking, and cross-border criminal activity.
• Communal Tensions: The presence of a significant number of illegal immigrants has at times led to ethnic and religious friction, as observed in Assam and parts of Tripura and West Bengal. These tensions are sometimes exacerbated by political mobilisation and misinformation, and they are also vulnerable to exploitation by India’s adversaries.
• Political Exploitation: The issue of illegal immigration often becomes politicised. Vote bank politics has, at times, hindered effective policy responses, with some political parties hesitant to act decisively against illegal immigrants due to electoral considerations.

 

Legal Provisions

 

India is not a signatory to the 1951 UN Refugee Convention or its 1967 Protocol and has not developed any national refugee laws. As a result, the country lacks a formal mechanism to differentiate between refugees fleeing persecution and economic migrants seeking better livelihoods.

 

The legal tools that are currently available to address the problem include:

1. The immigration and Foreigners Act, 2025, grants the government the authority to detain and deport illegal immigrants, but does not distinguish between refugees and illegal immigrants.
2. Citizenship Act, 1955: Defines pathways to Indian citizenship but lacks clarity regarding refugee-related provisions.
3. Citizenship (Amendment) Act (CAA), 2003: This Act introduced a new section (Section 14A) in the Indian Citizenship Act, 1955, which mandates the compulsory registration of all Indian citizens, the issuance of National Identity Cards (NID), and the maintenance of a National Register of Indian Citizens (NRC). However, no progress has been made in this regard so far.
4. Citizenship (Amendment) Act (CAA), 2019: It offers a path to citizenship for persecuted religious minorities from three Islamic countries: Pakistan, Bangladesh, and Afghanistan, who have sought refuge in India. Action has been initiated to grant citizenship to such individuals who arrived in India until 2014. The process needs to be expedited, and those who have completed five years of residence in India should also be included in the process.

 

Addressing the Challenge: Recommendations and Way Forward

 

India needs a comprehensive and multi-pronged strategy to address the complex issue of illegal immigration, which should balance humanitarian concerns with national security imperatives and social harmony. It should include:

 

1. Strengthening Border Management

• Complete and Modernise Border Fencing: Using modern materials and technology, strengthen fencing along the Indo-Bangladesh border.
• Smart Surveillance: Use drones, motion sensors, AI-based facial recognition, and satellite imagery to monitor illegal crossings.
• Community Engagement: Involve local communities in reporting and preventing illegal crossings through awareness and incentive programmes.
• Improved Infrastructure and Patrols: Build all-weather roads along the border and increase the Border Security Force (BSF) presence in vulnerable regions along the Indo-Bangladesh border.

 

2. Enacting a National Refugee Law

 

India needs a national refugee law to legally distinguish between refugees and illegal immigrants. These two categories need to be dealt with differently. While the provisions of the Immigration and Foreigners Act, 2025 would apply in the case of illegal immigrants, the proposed refugee law should define the rights of refugees and outline procedures for their identification, registration, protection, and eventual repatriation or third-country settlement. However, in enacting such a law, India must protect its national interests and should, inter alia, include the following provisions in the proposed law: –

• Anyone who may otherwise be eligible for refugee status under this law will not be considered for such status if India is not the first country of refuge.
• Legal or illegal immigrants seeking refugee status in India must apply at designated locations within a specified period (say 3 months) of the enactment of such a law or within a specified period (say 3 months) of their entry into India, whichever is later. Failure to do so will render the individual ineligible for refugee status.
• The above provisions will not apply to immigrants for whom specific provisions for granting refugee status or citizenship exist, including those covered under the Citizenship (Amendment) Act, 2019.

 

3. Maintaining Biometric Records of Illegal Immigrants/ Refugees

 

Biometric records of all illegal immigrants, including asylum seekers, should be maintained to prevent them from fraudulently obtaining any other identity documents, such as Aadhar Cards or Voting Cards. Pending their deportation or the grant of Indian citizenship, they may be given temporary biometric residence permits. There should also be some restrictions on their movements, and sensitive areas, as declared by the government from time to time, as well as districts adjacent to India’s land borders, should be kept out of bounds for them. In cases involving Rohingya immigrants from Myanmar, India should ask the UNHCR to provide the list of Rohingyas registered with them, along with their biometric details.

 

4. Issuing National Identity Cards to Indian Citizens

 

In South Asia, all countries except India either have biometric national identity cards for their citizens or are in the process of implementing this initiative. Sri Lanka, Pakistan, Bangladesh, and Bhutan have had a national identity card system for their citizens for a long time. Nepal also began this process in 2018, and soon all its citizens will also have national identity cards. In India, although the provision for the same exists following the addition of Section 14A in the Indian Citizenship Act, 1955, through the CAA, 2003, no progress has been made in that direction to date. Apparently, the introduction of the Aadhaar Card, which establishes an individual’s identity but not their nationality, has diminished the urgency of issuing the National Identity Card (NID).

 

Opposition to this exercise by some political parties appears to be another reason for the delay. The apprehension among certain sections that the process of providing NIDs and preparing the NRC could be used to target a particular community needs to be addressed by the government, which should also engage all stakeholders in the process.

 

For India, a major regional power, not having a record of all its citizens defies logic. Bangladesh, which shares a long porous border with India and where most of the illegal immigrants in India originate, has had a national identity card system for its citizens since 2006. Since 2016, it has replaced the paper-based laminated identity card with a biometric, microchip-embedded smart card. It is mandatory for all Bangladeshi citizens above 18 years of age to possess this identity card. As the national identity card is required for most day-to-day activities, it has become nearly impossible for illegal foreign nationals to survive in Bangladesh. Rohingya refugees in Bangladesh, who do not go to the refugee camps or choose to leave them, find it difficult to survive in the country and are likely to trickle into India. Therefore, India also needs to make extensive efforts to provide biometric NIDS to all its citizens. All public services and government benefit schemes must gradually be linked to the NID to prevent illegal immigrants from accessing those services and benefits.

 

Once all the countries in the region have biometric national identity cards for their citizens, it will be relatively easy to identify illegal immigrants from other countries and repatriate them to their country of origin.

 

5. Legal and Diplomatic Measures

 

• Bilateral Repatriation Agreements: Negotiate formal agreements with Bangladesh and Myanmar to repatriate their nationals residing illegally in the other country, following a thorough verification process.
• Regional Forums: Utilise platforms such as SAARC or BIMSTEC to enhance regional cooperation on migration issues, data sharing, and border enforcement.

 

6. International Cooperation

 

India is a major destination for refugees and economic migrants in South Asia. While it has handled these issues independently so far, the growing scale of immigration suggests that involving international organisations, particularly to address illegal immigrants from Bangladesh and Myanmar, could enhance the effectiveness of the response. Global bodies like the UNHCR and the IOM (International Organisation for Migration) can support India in managing illegal immigration. Although India has been cautious about involving the UNHCR, its experience in receiving assistance from the UNHCR for the repatriation of Sri Lankan refugees has been positive.

 

India has been part of the UNHCR’s Executive Committee since 1995 and a member of the IOM since 2008. It may consider taking a more active role there, especially as Western countries, now facing similar migration pressures, may better understand.

 

India has heavily invested in refugee welfare, particularly in the cases of Tibetan and Sri Lankan refugees. It has also committed to granting Indian citizenship to people belonging to religious minorities in three Islamic countries, namely Afghanistan, Bangladesh, and Pakistan, who have sought refuge in India due to persecution for religious reasons. This could be highlighted at the UNHCR to gain recognition as a significant donor.

 

It may also seek the UNHCR’s support in facilitating the repatriation or third-country resettlement of Rohingya from Myanmar. Similarly, the IOM could assist in the repatriation of illegal immigrants from Bangladesh. Engaging with these bodies can help India manage illegal immigration more effectively while maintaining international credibility and humanitarian principles.

 

Conclusion

 

Illegal immigration from Bangladesh and Myanmar continues to pose complex challenges for India, impacting national security, economic stability, and social cohesion. The current approach, characterised by legal ambiguity and inconsistent enforcement, has failed to address the scale of the problem.

 

India must adopt a balanced and forward-looking strategy integrating stringent border control, robust detection and verification mechanisms, humanitarian responsibility, and international cooperation. A clear legal distinction between refugees and economic immigrants and a firm policy and enforcement framework is essential.

 

With timely reforms, India can protect its national interests while continuing to uphold its humanitarian tradition. Addressing illegal immigration is not only about ensuring national security and protecting borders—it is also about maintaining social harmony, promoting economic justice, and upholding constitutional values in an increasingly interconnected region.

 

Author Brief Bio: Shri Sanjeev Tripathi is an IPS officer from the 1972 batch of the UP cadre. He served as the Secretary of the Research and Analysis Wing (R&AW) from December 2010 to December 2012.