Assam Plans To Invoke 1950 Law To Fast-Track Deportation Of lllegal Immigrants, Bypassing Foreigner Tribunals

Assam Chief Minister Himanta Biswa Sarma announced on Saturday (7 June) that the state will bypass Foreigners Tribunals in certain cases, using a 1950 law to fast-track the expulsion of illegal immigrants.

Speaking to reporters in Nalbari district, Sarma said 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.

Sarma said that although several pushbacks had occurred earlier, 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.

He said that the NRC process had delayed illegal migrant deportation efforts, but with the Supreme Court’s latest observations and the revived use of the 1950 order, Assam is now gearing up for resumption and intensification of its crackdown.

There are currently 100 foreigner tribunals operating in Assam, with the first one 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.

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

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