Illegal immigration and National Security

Context: The Jharkhand High Court has directed the state government to identify illegal Bangladeshi immigrants in the Santhal Parganas region after a PIL raised concerns about demographic changes due to ‘Bangladeshi infiltration.’ The petition noted a significant demographic shift in six districts, with the tribal population decreasing from 44.67% in 1951 to 28.11% in 2011, while the minority community's percentage rose from 9.44% to 22.73%.

Illegal immigrants from Bangladesh: 

• Illegal migration and cross-border activities pose significant challenges along the India-Bangladesh border, which is highly porous.
• The border spans 4,096.7 km, with 3,145 km already secured by physical fencing, while the remaining sections are planned to be covered by a combination of physical and technological barriers.
• The Home Ministry's 2021-22 annual report highlights that the porous nature of the Indo-Bangladesh border has made it difficult to control illegal migration and other cross-border activities.
• Assam and West Bengal, which share a porous border with Bangladesh, are particularly affected by illegal infiltration.

Who are ‘Illegal Immigrants’?

• An illegal immigrant in India is defined as a foreigner who has either entered the country without valid documents or overstayed beyond the permitted time under the Citizenship Act, as amended in 2003.
• Such individuals are ineligible for citizenship by registration or naturalization and may face imprisonment for 2-8 years and fines.
• However, an exception was made in 2019 for minority communities from Bangladesh, Pakistan, and Afghanistan who fled to India due to religious persecution or fear of it. These individuals are not considered illegal migrants and remain eligible for citizenship.
• The 2001 Indian Census provides data on migrants, with Bangladeshis being the largest group, followed by Pakistanis, though it does not specifically categorize illegal immigrants. 

Reasons for influx of Illegal Immigrants from neighbouring regions: 

1. Economic opportunities: Neighbouring countries like Bangladesh, Nepal, and Myanmar face poverty and unemployment, pushing people to seek better livelihoods in India. India's larger economy offers better job opportunities, especially in informal sectors. 

2. Political instability:

• The 2021 military coup and ethnic conflicts in Myanmar forced thousands of Rohingya and other minorities to flee to India. The UN estimated nearly 18,000 Rohingya refugees in India by 2021. The Civil War (1983-2009) led to over 100,000 Tamil refugees entering India, many illegally. The Taliban's takeover in 2021 prompted many Afghans to seek asylum in India.

3. Religious and ethnic persecution: 

• Religious minorities, especially Hindus, have faced persecution, leading to migration to India. The Citizenship Amendment Act (2019) responded to this, with over 25,000 Pakistanis seeking Indian citizenship between 2016-2019.

4. Environmental factors: 

• Climate change and environmental degradation, especially in coastal areas, drive migration. The Sundarbans region has seen significant displacement due to rising sea levels, leading to an influx into West Bengal.

5. Lack of stringent border controls: 

• India's borders with Bangladesh, Nepal, and Myanmar are porous. These border regions traverse a range of natural landscapes which are hard to monitor, making illegal crossings easier. India has an easily navigable sea route with Pakistan as well as Sri Lanka making it vulnerable to a continuous threat of an influx of illegal migration. 

Preventing the entry of illegal migrants into India is important as they impose pressure on citizens and pose a security threat, especially in sensitive areas such as Jammu and West Bengal

Threats to India’s National Security: 

The large influx of illegal immigrants in different parts of India has raised both direct and indirect threats. 

Direct threats

• Radicalization and infiltration:

• The large influx of illegal immigrants, especially from regions with ongoing conflicts or extremist activities, increases the risk of radicalization. Terrorist organizations can exploit refugee movements to infiltrate operatives into the country.
• Indian security agencies have reported that some Rohingyas, who may sympathize with militant ideologies, could be active in areas like Jammu, Delhi, Hyderabad, and Mewat, posing a potential threat to internal security.
• Intelligence reports have indicated that Pakistan-based terror groups have attempted to infiltrate operatives into India under the guise of migrants from Bangladesh.
• This not only poses a direct threat to internal security but also strains India’s relations with neighbouring countries.
• Political and cultural threats:
  • The demographic change due to the influx of illegal immigrants threatens the political and cultural pre-eminence of local populations.
  • In states like Assam, the continuous influx of immigrants from Bangladesh has altered the demographic balance, leading to tensions between the indigenous population and the newcomers.
  • The Assam Accord of 1985, which sought to address these concerns, highlights the long-standing issue of illegal immigration and its impact on the socio-political fabric of the region.
  • The unchecked influx of undocumented immigrants poses a serious threat, potentially sparking power struggles between foreign anti-national groups and the indigenous populace.
  • Infiltration of Myanmar Kuki-Chins has previously ignited the Naga vs. Kuki conflict (1992 – 1999), Kuki vs. Paite (1997–1998) in Manipur, and the Kuki vs. Karbi clash (2003 – 2004) in Assam.
• Militancy: 
  • Ongoing attacks against Muslims perceived as illegal migrants in Assam have contributed to radicalization within some segments of the Muslim community.
  • This has led to the emergence of militant groups, such as the Muslim United Liberation Tigers of Assam (MULTA), posing a significant threat to national security.
• Law and order disruption:
  • Illegal migrants undermine the rule of law and national integrity by engaging in activities such as obtaining identity documents illegally, involving in trans-border smuggling of arms. 

Indirect threats: 

Resource strain: 

• The arrival of large numbers of illegal immigrants can strain local resources, including land, water, and public services.
• This often leads to resentment among the local population, who feel that their opportunities are being usurped.
• For instance, in urban areas like Delhi and Mumbai, the presence of illegal immigrants has contributed to overcrowding and increased competition for jobs, leading to a decline in wages and working conditions.
• According to a 2022 report by the National Sample Survey Office (NSSO), regions with high concentrations of illegal immigrants have witnessed a significant drop in wages for unskilled labor.

Social instability and crime:

• The lack of opportunities and the prevailing sense of insecurity among the local population can cause social instability.
• Illegal immigrants, often living in poverty and deprivation, may become vulnerable to crime, both as victims and perpetrators.
• Terror outfits can easily exploit these vulnerabilities, recruiting individuals by promising better prospects and livelihoods.
• The Bodoland violence in 2012, which was partly fuelled by concerns over illegal immigration and its impact on local communities.
• In the northeastern states of India, where illegal immigration is a significant issue, there has been a noticeable rise in crime rates, including human trafficking and smuggling, as reported by the National Crime Records Bureau (NCRB) in 2023.

Grievances over resource distribution:

• The situation in Assam's border districts, where illegal settlements have encroached on forest and agricultural land, has led to frequent clashes between the indigenous communities and the immigrants.
• The 2019 National Register of Citizens (NRC) exercise in Assam was an attempt to address these grievances but also highlighted the deep divisions and challenges in resolving the issue.

The cumulative impact of these direct and indirect threats can lead to broader regional and national instability.

India's strategy to address these threats: 

Strengthening border security: 

• India has invested in extensive border fencing and surveillance systems to control illegal crossings. The construction of the India-Bangladesh border fence, which spans over 4,000 kilometers, aims to deter unauthorized movement. As of 2023, approximately 3,200 kilometers of the fence have been completed.
• The Comprehensive Integrated Border Management System (CIBMS) project leverages technology for enhanced border monitoring.
• Efforts to improve border security also include the construction of border roads to enhance communication and mobility in these areas.
• In addition, floodlights have been installed along significant portions of the border in West Bengal, Meghalaya, Assam, Mizoram, and Tripura. 
• The BSF plays a crucial role in patrolling and securing India's borders. For example, in 2022, the BSF apprehended over 2,000 individuals attempting to cross the India-Bangladesh border illegally.

Legal and policy frameworks: 

• National Register of Citizens (NRC): The NRC is a government initiative to identify and document citizens and illegal immigrants. The most notable application was in Assam, where the NRC was updated to exclude illegal immigrants. The 2019 NRC list excluded over 1.9 million individuals, although this process faced criticism and legal challenges.
• Foreigners Act of 1946: This act regulates the entry and stay of foreigners in India. It empowers the government to detain and deport illegal immigrants. Recent amendments and stricter enforcement have aimed to enhance its effectiveness.

Diplomatic cooperation: 

• India has worked with Bangladesh to address illegal immigration through bilateral agreements. The 2015 Land Boundary Agreement (LBA) resolved border disputes and facilitated the exchange of enclaves, which has helped reduce illegal movement.

Challenges in managing national security threats from illegal immigration: 

1. Operational:

• The extensive and challenging-to-monitor borders with Bangladesh (4,096 km) and Myanmar (1,643 km) have gaps despite efforts like border fencing.
• The Border Security Force (BSF) struggles with limited resources and the need for advanced surveillance technology.
• Inefficient coordination between central and state agencies hampers effective border management, leading to gaps in enforcement.

2.Legal:

• The Foreigners Act and Citizenship Amendment Act (CAA) create a complicated legal environment.
• The CAA has faced protests and legal issues, complicating its implementation.
• Balancing national security measures with human rights, as seen with the CAA, leads to criticism and protests.

Recommended strategies for dealing with the issue: 

A comprehensive national policy for effective border management is urgently needed. This policy should be formulated by national security experts and tailored to address the unique challenges faced by each border region of the country.

1. Enhancing border security:

• India can invest more in high-tech solutions like drones, infrared sensors, and AI-based monitoring systems. Expanding and better equipping the BSF and other border agencies can help close existing security gaps. 

2. Reforming legal framework:

• India needs a more transparent and consistent legal framework to define and categorize illegal immigrants, refugees, and asylum seekers. Ensuring that security measures do not infringe upon human rights is crucial. 

3. Coordination between Central and State agencies:

• Establishing a unified command structure for border management could enhance coordination.
• The European Union’s Frontex agency exemplifies how centralizing border management can improve coordination across multiple states.
• Regular joint training programs for central and state agencies can foster better coordination. 

4. Counter-terrorism measures:

• Strengthening intelligence sharing between central and state agencies, and with international partners, can help detect and prevent radicalization.
• Developing programs to engage with migrant communities and address grievances can reduce the risk of radicalization. 

5. Strengthening diplomatic cooperation:

• Strengthening and expanding bilateral agreements with neighbouring countries for better border management and repatriation processes is essential.
• For example, India could model agreements on the U.S.-Mexico bilateral cooperation on border security, which includes joint initiatives and intelligence sharing.
• Regional forums like the Bay of Bengal Initiative for Multi-Sectoral Technical and Economic Cooperation (BIMSTEC) could improve collective responses to illegal immigration and security challenges, as Counter-Terrorism and Transnational Crimes are in its list of priority sectors of cooperation.