New Delhi, August 01, 2026 : The Central Government has informed the Supreme Court that a foreign national whose nationality remains unverified cannot be deported unless the individual’s home country officially confirms their citizenship and agrees to accept them.
The submission was made through an affidavit filed by the Ministry of Home Affairs (MHA) in response to a petition challenging the indefinite detention of individuals declared as foreigners in Assam despite having no immediate prospect of deportation.
In its affidavit, the Centre clarified that the deportation process is governed by established legal and diplomatic procedures and cannot begin until the foreign national’s nationality has been officially verified.
“A foreign national whose nationality is unknown or unverified can be deported to their home country only after confirmation of nationality, possession of a valid travel document, and acceptance by the home country concerned. The deportation procedure cannot be initiated without nationality verification,” the Centre stated.
The government further explained that deportation can be carried out by the concerned State Government, Union Territory Administration, or the Foreigners Regional Registration Office (FRRO) only after the individual has completed any sentence or legal proceedings and provided no other criminal case is pending against them.
Additionally, the Centre emphasized that obtaining valid travel documents is a mandatory requirement before deportation.
“It is necessary to obtain the requisite travel document from the Embassy or High Commission of the country concerned through the process of nationality verification before he or she can be deported,” the affidavit said.
The matter came before the Supreme Court in connection with a plea highlighting the prolonged detention of declared foreigners in Assam, where deportation remains impossible in cases where the person’s nationality has not been established or their home country has not agreed to receive them.
The Centre’s affidavit underscores that deportation is not solely an administrative exercise but also depends on international cooperation, diplomatic verification, and compliance with legal procedures before any foreign national can be repatriated.
