Himanta: Assam will use 1950 law to deport illegal immigrants, not Foreigners Tribunals

Assam will not reply on Foreigners Tribunals (FTs) to identify and deport illegal immigrants, Chief Minister Himanta Biswa Sarma said, further announcing plans to act under the Immigrants (Expulsion from Assam) Order.

Speaking to reporters in Nalbari district, CM Sarma said that the state will invoke the 1950 which remains legally valid and empowers district commissioners to issue immediate expulsion orders.

The chief minister said, ""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."

"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.

He also pointed out that many pushbacks had already taken place, but in cases pending before the courts, the state had refrained from acting. "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.

Sarma acknowledged that the NRC (National Register of Citizens) exercise had slowed down the state's efforts in identifying and deporting undocumented migrants. With the Supreme Court's recent observations and the rediscovery of the 1950 order, he said the government is preparing to resume and intensify its crackdown.

Assam currently operates 100 Foreigners Tribunals, first set up in 2005, to adjudicate the citizenship of people flagged by the Assam Police’s Border Wing. These tribunals have long been the primary mechanism for determining citizenship status, particularly of those suspected to be Bangladeshi nationals residing illegally in the state.

Sarma clarified that the new approach would not interfere with ongoing legal proceedings but would apply in cases where no judicial process is currently underway.