Accurate data of illegal immigrants entering, living in India not centrally maintained: MoS Home

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In a written reply to a question in Lok Sabha on illegal immigrants in Delhi, the Union Minister of State for Home Affairs Nityanand Rai on Tuesday said that accurate data regarding number of illegal immigrants living in the country, including Delhi, is not centrally maintained as they enter into the country without valid travel documents in clandestine and surreptitious manner.

"The Ministry of Home Affairs (MHA) has issued consolidated instructions regarding deportation /repatriation of foreign nationals to all States and Union Territories vide letters dated 24 April 2014 and 1st July 2019," Union Minister of State for Home Affairs Nityanand Rai told the Lok Sabha.

He also said that the MHA has issued advisories to the State Governments/UT Administrations regarding the identification of illegal migrants and monitoring thereof, vide letters dated 8th August 2017 and 28 February 2018

."Detection, detention, and deportation after due process of nationality verification of illegal immigrants is an ongoing process under the Foreigners Act, 1946 and Passport (Entry into India) Act, 1920. Central Government has been vested with powers under Section 3(2)(e) and 3(2)(c) of the Foreigners Act, 1946 to detain and deport foreign nationals staying illegally in the country. Under Section 5 of The Passport (Entry into India) Act, 1920," he said.

The Minister also said that Central Government may also by an Order under Section 5 of The Passport (Entry into India) Act, 1920, direct the removal of any foreigner from India who enters India without a passport.

"These powers of the Central Government have also been entrusted under Article 258(1) of the Constitution of India to all the State Governments since 1958," Rai said.

Further, under Article 239(1) of the Constitution of India, the Administrators of all the Union Territories including Delhi have also been directed to discharge the functions of the Central Government relating to the aforesaid powers.