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Will illegal Muslim immigrants from these three countries be deported under the CAA?

Archana
Answered on December 17,2019

No, the CAA has absolutely nothing to do with deportation of any foreigner from India. The deportation process of any foreigner irrespective of his religion or country is implemented as per the mandate of the Foreigners Act, 1946 and/or The Passport (Entry into India) Act, 1920. These two laws govern entry, stay, movement within India and exit from India of all foreigners irrespective of their religion or country. Therefore, the usual deportation process would apply to any illegal foreigner staying in India.

It is a well-considered judicial process which is based on a proper enquiry by the local police or administrative authorities to detect an illegal foreigner. It is ensured that such an illegal foreigner has been issued proper travel document by the embassy of his country so that he can be duly received by officials of his country when he is deported. In Assam, the process of deportation happens only after determination of such a person as a "foreigner" under The Foreigners Act, 1946. Then he becomes liable for deportation. Therefore, there is nothing automatic, mechanical or discriminatory in this exercise. The state governments and their district level authorities enjoy the power of Central Govt. under Section 3 of the Foreigners Act and Section 5 of The Passport (Entry into India) Act, 1920 to detect, detain & deport any illegal foreigner.

Note: This answer is sourced from the Q&A released by the Ministry of Home Affairs on 17 December 2019.

Will illegal Muslim immigrants from these three countries be deported under the CAA?

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