Assam To Use 1950 Law To Deport Illegal Immigrants: CM Himanta Sarma

Assam's Chief Minister, Himanta Biswa Sarma, has announced a significant change in the state's approach to handling illegal immigrants. The state will now bypass Foreigners Tribunals and rely on a 1950 law to expedite deportations. This decision follows recent Supreme Court remarks affirming district officials' direct expulsion powers.

The Immigrants (Expulsion from Assam) Order, 1950, empowers district commissioners to issue immediate expulsion orders. Sarma stated that this legal provision allows for direct action without judicial involvement. "The Supreme Court observed that Assam doesn't always need judicial processes to identify and deport foreigners," he explained.

Legal Framework and Recent Developments

The Chief Minister highlighted that the rediscovery of the 1950 order, coupled with the Supreme Court's observations, has prompted the government to intensify its efforts against undocumented migrants. He noted that many pushbacks have already occurred, but pending court cases had previously halted further action.

Sarma acknowledged that the National Register of Citizens (NRC) exercise had slowed down efforts in identifying and deporting undocumented migrants. However, with the new approach, he expressed confidence in resuming and intensifying the crackdown on illegal immigrants.

Impact on Existing Legal Proceedings

The Chief Minister clarified that ongoing legal proceedings would remain unaffected by this new approach. The focus will be on cases where no judicial process is currently underway. "If someone is identified as a foreigner and not already in court, we won't wait - we will push them back," Sarma stated.

Assam operates 100 Foreigners Tribunals established in 2005 to adjudicate citizenship issues flagged by the Assam Police's Border Wing. These tribunals have been crucial in determining citizenship status, especially for suspected Bangladeshi nationals residing illegally in the state.

Future Actions and Government Preparedness

Sarma emphasized that if necessary, repeated actions would be taken against identified foreigners not involved in court cases. He stressed the importance of acting swiftly to prevent an increase in numbers. "The numbers are increasing, and they will continue to rise if we don't act," he warned.

This new strategy aims to streamline the deportation process by empowering district authorities directly under existing laws. The government is preparing to implement this approach effectively while ensuring it aligns with legal standards.