Foreign Nationals Cannot Be Deported Without Nationality Verification, Centre Tells Supreme Court

NEW DELHI, August 2, 2026: The Union government has told the Supreme Court that a foreign national cannot be deported from India unless the person’s nationality is verified by the country concerned and that country agrees to receive them.

The Ministry of Home Affairs made the submission in an affidavit filed before the Supreme Court in a case concerning the prolonged detention of people declared foreigners in Assam whose nationality remains unverified.

The government said nationality verification is a necessary step before deportation can take place. Where a person’s nationality is unknown or has not been confirmed, the authorities must obtain verification from the concerned country and secure the necessary travel documents or formal acceptance before the person can be removed from India.

The clarification assumes significance for people who remain in detention despite the absence of a clear possibility of deportation. It also raises questions about how long individuals can be detained when no country has confirmed their nationality or agreed to receive them.

According to the government’s affidavit, deportation may be undertaken by the concerned state government, Union Territory administration or Foreigners Regional Registration Office after the completion of applicable legal proceedings or criminal sentences.

The person must also have a valid passport or other travel document, while any pending criminal cases must be dealt with before deportation, according to the government’s position.

The case has its roots in the detention of people declared foreigners in Assam. The Supreme Court has previously sought details from the Centre and Assam government on the status of persons whose foreign nationality has been established as well as those whose nationality remains unknown. In September 2024, the Court noted that nationality verification of two declared foreign nationals had been pending with the Ministry of External Affairs since 2019.

In February 2025, the Court directed the Centre to address the situation of people declared not to be Indian nationals but whose nationality was not known. It also sought information on their deportation and directed Assam authorities to ensure adequate facilities at detention centres.

The issue has acquired wider significance amid intensified efforts by authorities in several states to identify and deport people considered undocumented migrants.

The Supreme Court has also recently underlined the importance of procedural safeguards in determining citizenship. In July, while dealing with a case involving 27 people declared foreigners, the Court observed that such a declaration can result in detention, deportation, separation from family and even statelessness, and stressed that citizenship determination must follow a fair, lawful and reasonable process.

The latest proceedings therefore place the question of deportation alongside a broader concern: ensuring that people whose citizenship or nationality is disputed are not deprived of liberty indefinitely without effective legal safeguards.

The Supreme Court’s eventual decision is expected to clarify the obligations of authorities in cases where a person has been declared a foreign national but deportation cannot proceed because nationality remains unverified or the concerned country has not agreed to accept the person.

Courtesy The Wire

Photo Courtesy : PTI