Assam to invoke 1950 law, fast-track deportation of illegal immigrants: CM Himanta Biswa Sarma

Assam will now use a 1950 law to fast-track the deportation of illegal immigrants and not rely on taking the expulsion proceedings through the Foreigners Tribunals that are long-drawn, after a Constitution Bench of the Supreme Court of India observed that the state does not always need to go through the judiciary to identify and deport foreigners.

Chief Minister Himanta Biswa Sarma told reporters in Nalbari district on Saturday (7 June) that the state government plans to act under the Immigrants (Expulsion from Assam) Order, 1950, which remains legally valid and empowers district commissioners to issue immediate expulsion orders.

“There is an existing law — the Immigrants Expulsion Order — which permits district authorities to act directly. We were unaware of this until recently, as our lawyers had not flagged it. But we will now act on it,” he added.

“The Supreme Court, during the hearing of the Clause 6A matter under a Constitution Bench, clearly observed that Assam does not always need to go through the judiciary to identify and deport foreigners,” Sarma added, saying the state will now bypass Foreigners Tribunals in fresh cases.

Sarma said that several pushbacks had occurred earlier, but the state avoided action in cases pending before the courts.

“The numbers are increasing, and they will continue to rise if we don’t act. From now on, when someone is identified as a foreigner, and the case is not already in court, we won’t wait — we will push them back. And if needed, we will do it repeatedly,” he said.

‘Assam will revive use of 1950 order,’ says Sarma

He said that Assam will revive the use of the 1950 order following the Supreme Court’s latest observations, and the administration is now gearing up for the resumption and intensification of its crackdown.

As many as 100 foreigner tribunals are operating in Assam currently, with the first one being set up in 2005 to adjudicate the citizenship of people flagged by the Border Wing of Assam Police.

The tribunals have been determining the citizenship status of suspected Bangladeshi nationals residing illegally in the state.

The CM clarified that the new mechanism won’t affect ongoing court cases and will only apply where no legal proceedings are in progress.

He admitted that the NRC (National Register of Citizens) exercise had slowed down the state’s efforts in identifying and deporting undocumented migrants.