On monday, the Union Home Ministry has informed the Supreme Court that it is facing significant hurdles in providing precise data on the extent of illegal migration of foreigners into India. The secretive nature of such migrations makes accurate data collection a challenging task.

As per an affidavit submitted by the Union Home Ministry, between 2017 and 2022, a total of 14,346 foreign nationals were deported from India. The document also highlighted that 17,861 migrants who arrived in Assam between January 1966 and March 1971 were granted Indian citizenship.

The affidavit also underscored the clandestine and surreptitious nature of illegal migration, emphasizing on the difficulties associated with the entry of individuals without any valid travel documents. It acknowledged the complexity of the ongoing process involving the detection, detention, and deportation of illegally staying foreign nationals, asserting the challenges of accurately collecting data on such individuals residing in various parts of the country.

Responding to a Supreme Court order dated December 7, the Union Home Ministry provided additional information in the affidavit. It revealed that during the specified period, 32,381 individuals were declared foreigners through orders issued by Foreigners Tribunals. Over the last five years, the Central government allocated a total of ₹122 crores for the operational expenses of these tribunals.

A Constitution bench led by Chief Justice of India (CJI) DY Chandrachud, alongside Justices Surya Kant, MM Sundresh, JB Pardiwala, and Manoj Misra, directed the Central government to furnish information regarding individuals who obtained Indian citizenship under Section 6A(2) of the Citizenship Act, 1955. The bench sought details on the number of immigrants granted citizenship through this provision.

The Court also posed inquiries to the government about the measures taken to address and prevent illegal migration into Indian territory, reflecting the judiciary's interest in understanding the government's actions and strategies in dealing with the complex issue of illegal migration.

According to the government's affidavit, there are currently 100 Foreigners Tribunals operational in Assam. As of the end of November of the current year, these tribunals have resolved 3,34,966 cases, but there are still 97,714 pending cases. Additionally, as of December 1, there are 8,461 appeals against the orders of these tribunals awaiting resolution in the Gauhati High Court.

The affidavit also provided information on the progress of border infrastructure, stating that 81.5% of the fencing work in feasible areas along the Assam-Bangladesh border has been completed. The total length of the border in these feasible areas is 210 km.

Case: In Re: Section 6A Citizenship Act 1955.