Assam Cabinet issues SOP to expel illegal immigrants, sets 10-day window for 'suspects' to prove citizenship

Assam Chief Minister Himanta Biswa Sarma on Tuesday, September 9 announced that the state government has framed a Standard Operating Procedure (SOP) to operationalize the Immigrant (Expulsion from Assam) Act, 1950 for the detection and deportation of foreigners.

Briefing the media, CM Sarma said the Supreme Court, through constitutional directives, has clarified that the Assam government is empowered to invoke the 1950 Act to expel illegal immigrants. “Under this Act, the Deputy Commissioner is empowered by the Centre to evacuate any person considered to be a foreigner. For the first time, the State Cabinet has decided to implement this law in letter and spirit,” the Chief Minister stated.




The Immigrants (Expulsion from Assam) Act, 1950, is a law enacted by the Indian Parliament to provide the Central Government with the power to remove individuals from Assam whose presence is considered detrimental to the interests of the general public or any Scheduled Tribe. It was passed in response to the influx of illegal immigrants from East Pakistan (now Bangladesh) after the Partition and allows for the expulsion of such persons from India or Assam.

According to the new SOP, the Deputy Commissioner will issue a notice and provide 10 days to any suspected individual to prove their citizenship. If, after the hearing, the Deputy Commissioner concludes that the person is a foreign national, an immediate order of eviction will be passed. “The identified foreigner will be evacuated or pushed back from Assam without delay,” Sarma explained.

However, in cases where the Deputy Commissioner cannot arrive at a definitive conclusion, the matter will be referred to the Foreigners’ Tribunal for further adjudication.

Calling the move “a landmark decision,” Sarma said the process would make it significantly easier for the government to identify and deport illegal foreigners. “Never before has this Act been implemented in such a manner. Now, with the Supreme Court’s mandate, Assam will firmly act to safeguard the rights of its citizens,” he said.