‘Do you want border wall like the US to prevent illegal immigrants’ entry?’ SC asks Centre; seeks SOP

As several BJP-ruled states launched a drive against illegal Bangladeshi immigrants, the Supreme Court on Friday wondered if the government wanted to build a border wall like in the US to prevent illegal immigrants from entering India.

A Bench of Justice Surya Kant, Justice Joymalya Bagchi and Justice Vipul M Pancholi asked the Centre to inform it about the Standard Operating Procedures (SOPs) followed by state governments and union territories in deporting illegal migrants, especially to Bangladesh, and posted the matter for September 11.

During hearing on a petition filed by the West Bengal Migrant Workers Welfare Board, the Bench underlined the “legacy of cultural and linguistic heritage" shared by Bengali- and Punjabi-speaking Indians with people in Pakistan and Bangladesh who spoke the same language but were divided by borders.

The PIL has challenged the validity of detentions of migrant workers, particularly in light of the May 2, 2025 letter of the Union Ministry of Home Affairs authorising inter-state verification and detention of suspected illegal immigrants.

"There are questions of national security, and integrity of the nation and as you said preservation of our resources. One needs to remember that at the same time, we have a legacy of common heritage and in (West) Bengal and Punjab, language is the same and borders divide the country. We want the Union to clarify its position on the issue,” Justice Bagchi told Solicitor General Tushar Mehta who represented the Centre.

"Certain bias in respect of exercise of powers by authorities is sought to be demonstrated in the petition, viz the use of a particular language being a presumption of being a foreigner. Whether at all this is correct, if you could clarify that...", Justice Bagchi told Mehta. “Once the person is within the Indian land mass, then there must be some procedure,” the judge said, drawing a distinction between those trying to illegally enter India and those already here.

Justice Bagchi’s comments came after Mehta objected to the petition which alleged detention of Bengali-speaking migrant workers on suspicion of being Bangladeshi nationals and said the top court shouldn’t entertain the petition as no aggrieved person was present before it.

"This court should not entertain petitions filed by these organisations and associations, which may be supported by some state governments. There are no aggrieved parties before the court. We know how some state governments thrive on illegal immigrants. Demographic changes have become a serious issue," Mehta said.

“How can the Union of India reply to the vague allegations made in the petition? Let some individual come saying I am being pushed out. We are trying to ensure immigrants don't eat away our resources… There is a systematic racket. There are agents. There are terrorists that have infiltrated,” Mehta said.

However, the Bench said those aggrieved were perhaps unable to reach the top court for want of resources.

Mehta said "public spirited persons" like advocate Prashant Bhushan, representing the petitioner, must help them in approaching the court besides helping people in the US where the issue over illegal immigration was big.

As the Bench sought a clarification on the petitioner’s allegation that Bengali-speaking persons were presumed to be foreigners, the Solicitor General assured that language was not the basis for deportation.

Mehta said most European countries were facing the problem of illegal immigrants which was "really worrisome".

The Bench, however, termed it a complicated issue as some countries welcomed immigrants while others did not.

Mehta urged that the current petition be clubbed with the Rohingya case pending in the court. The Bench asked him to file replies in both the matters.

The Bench – which had on August 14 refused to pass any interim order on the PIL with regard to the detention of alleged Bangladeshi nationals – ordered that the Gujarat government be made a party to the case.

Bhushan alleged that Bengali-speaking people were being picked up and forcibly pushed into Bangladesh. He mentioned the case of a pregnant woman -- allegedly pushed into Bangladesh -- whose habeas corpus petition was pending before the Calcutta High Court. She has been detained in Bangladesh, he added.

Bhushan urged the Bench to direct states not to forcibly push Bengali-speaking migrant workers into Bangladesh until their nationality was verified. The Bench asked the high court to expeditiously decide the habeas corpus petition.