Government refuses to disclose if SOP exists for deporting Bangladeshis
What's the story
The Union Ministry of Home Affairs (MHA) has refused to clarify if there is a Standard Operating Procedure (SOP) or formal mechanism for the deportation of Bangladeshi nationals. This comes after an RTI application sought details on the deportation process, including the number deported over the last 25 years, current detentions and awaiting deportation, and any bilateral agreements with Bangladesh. In reply, the MHA said the questions were vague in nature and, therefore, it is "not possible to furnish information."
State action
MHA's response after Bengal order to set up holding centers
The MHA's response comes after West Bengal directed district administrations to set up holding centers for Bangladeshi and Rohingya nationals awaiting deportation. The order was issued by the Home and Hill Affairs Department's Foreigners's Branch on May 23. It directed district magistrates to create facilities for "apprehended foreigners" and "released foreign prisoners" until deportation processes are completed.
Video
Videos show Bangladeshi migrants flocking to border points
Videos had earlier surfaced showing hundreds of alleged illegal Bangladeshi migrants flocking to multiple border points in West Bengal as the BJP government's newly launched "detect, delete and deport" policy began taking shape. Several of them allegedly lived illegally in various districts of West Bengal before arriving at the checkpoint after the recent announcement by the state government regarding the deportation and establishment of holding centers for foreign nationals.
Data transfer
Responsibility shifted to Bureau of Immigration (BoI)
On questions related to deportation figures and processes, the MHA transferred the responsibility of providing information to the Bureau of Immigration (BOI). But the BOI is not covered under the RTI Act, except for issues related to corruption or human rights violations. This raises uncertainty over whether such information would be disclosed in the future.
Information request
RTI application sought details on deportation process
The RTI application had sought copies of any SOP or guidelines governing the deportation of Bangladeshi nationals. It also asked if Bangladesh accepts deported nationals and if any formal mechanism exists for repatriation. The MHA stated, "It is informed that information sought by you is vague in nature and, therefore, it is not possible to furnish information."
State powers
Powers related to illegal immigration action delegated to states
The RTI response also revealed that powers related to action against illegal immigrants have been delegated to state governments under the Immigration and Foreigners Act, 2025. The Foreigners-I Division of the MHA stated: "Powers of Central Government to detect, restrict movement, deport illegal foreign nationals/illegal immigrants under Sub-section (2) of Section 7, 13 and 29 of the Immigration and Foreigners Act, 2025 have been delegated to all the State Governments/UT Administrations and Bureau of Immigration."