Illegal Bangladeshi immigrant found in our employment

Dear Client,
Background verification (BGV) check is a process many organizations carry out to verify the information or the documents provided by the candidate during hiring whether those documents are fake or legally acceptable from the sources it is generated. Thus, it appears that a lack of verification of the background of a person before his employment put you to face such an ordeal that was unearthed/revealed after a long 10 years. Persons in India without either a valid Indian citizenship or a visa are considered by the central government as illegal and unlawful immigrants. Illegal immigrants are subject to The Foreigners Act, 1946 which defines a foreigner as a person who is not a citizen of India. The Citizenship Amendment Act 2019 amended the Citizenship Act, 1955 to allow migrants from minority communities like Hindu, Sikh, Buddhist, Jain, Christian, Parsi who fled religious persecution from Afghanistan, Bangladesh, and Pakistan to be eligible for Indian citizenship provided they came into the country on or before 31 December 2014, excluding people from the Muslim community (the majority community of those nations). At present illegal migrants are identified and “deported” based on the Illegal Migrants (Determination by Tribunal) Act, 1983 in some “fast track” courts. Where the nationality of a person is not evident, the onus of proving whether a person is a foreigner or not shall lie upon such person. Furthermore, anyone who believes that a foreigner has entered India, or the owners and managers of the property where such a foreigner resides illegally in India must inform the nearest police station within 24 hours of their presence becoming known. The Foreigners Act empowers the Indian administration to detain a person until they are deported back to their country. So, on receipt of notice from the police for violation of the Foreigners Act, you should state to the police that for lack of knowledge and awareness and based on the documents provided by the person, he was offered employment in the trust and prove your innocence about the fact in all stages of the investigation. If required, hire an experienced Advocate to navigate the issue in the right way.