Ok, I guess that would be a gray area. They are detained pending further inquiry. For developed countries it means - a nice place to live off the taxpayer's money, though in camps. But in the Sub continent, they are often sent to jails.
If there are crimes registered against them - even better.
Many Indian members here say that they(BD migrants) are illegally in India as "vote-banks" for Congress.
If that was the case, then why did the BJP not kick many of them out during their rule between 1999-2004?