Assam Cabinet Approves Standard Operating Procedure for Expulsion of Foreigners Under 1950 Act

The Assam cabinet has approved a standard operating procedure for the expulsion of foreigners under the Immigrants Expulsion from Assam Act, enabling quicker removals while ensuring due process.

The Assam cabinet has approved a new procedure for expelling foreigners under the Immigrants Expulsion from Assam Act, 1950. Chief Minister Himanta Biswa Sarma announced that district commissioners and additional district commissioners are now authorised to issue a 10-day notice to suspected foreigners to present documents proving their citizenship. If the evidence is insufficient, an expulsion order will be issued on the tenth day.

In cases where officials cannot make a clear decision, the matter will be referred to the Foreigners Tribunal (FT). This decision follows a Supreme Court order led by Justice Surya Kant and directives from the Ministry of Home Affairs. The aim is to expedite the removal of illegal immigrants and protect indigenous communities.

New SOP for Illegal Immigrants

The cabinet's approval includes a standard operating procedure (SOP) guiding district commissioners and senior superintendents of police in expelling illegal migrants. This move addresses ongoing illegal immigration from neighbouring countries. If officials receive information about a suspected illegal immigrant, they must request evidence of citizenship within 10 days.

If the evidence provided is inadequate, officials will document their findings and issue an expulsion order under Section 2a of the Act. The individual will be given 24 hours to leave Assam via a specified route. For Doubtful Foreign Nationals identified by FTs, expulsion orders will be issued without further identification if legal remedies have been exhausted.

Handling Pending Cases

The 82,000 cases already pending in FTs will not be addressed by this new process. Once someone is identified as an illegal immigrant, their biometrics and demographic details will be recorded on the Foreigners Identification Portal. If they fail to leave voluntarily, they may be detained or handed over to border forces for expulsion.

Illegal immigrants detected near the 'zero line' or within 12 hours of entering Assam will be immediately expelled without further procedures. The Act eliminates the role of FTs in new cases but allows them to handle existing ones. The chief minister stated that once someone is confirmed as a foreigner, their name will be removed from voter lists and their properties seized.

Political Context and Additional Decisions

Sarma criticised Congress for establishing FTs after the Illegal Migrants Determination by Tribunals Act was repealed in 2005 following a petition by Union Shipping Minister Sarbananda Sonowal, then an AGP MP. Sarma claimed that 30,128 foreigners have been expelled so far, with 30-40 being sent back weekly.

Additionally, the cabinet approved Rs 5 crore in financial aid to Himachal Pradesh from Assam's Chief Ministers Scheme for Public Emergency due to monsoon damage. It also addressed pay anomalies for staff at Jorhat Medical College and Hospital and amended the Assam Agricultural Produce and Livestock Marketing Promotion and Facilitation Act, 2020, to improve market access for small farmers.

With inputs from PTI