Assam government approves SOP to expel illegal migrants under 1950 Expulsion Act

Assam Cabinet on Tuesday approved an SOP to implement the Immigrants (Expulsion from Assam) Act, 1950, in a move to expedite the process of detection and push-back of illegal migrants.

Under the SOP, the District Commissioner (DC) will be empowered to issue an expulsion Order to any person who, in the view of the DC, is a foreigner.

Through this Act, the DC will serve a 10-day notice to the suspect, and if he or she cannot prove his/her citizenship within this period, the DC will immediately issue an order to evacuate the person.

Thereafter, the person will be kept at the holding centre before being pushed back by the BSF. In the case where the DC cannot conclude, it can refer the matter to the Foreigners Tribunal.

In the case of illegal migrants detected within 24 hours of illegal entry into the State, no notice will be required.

Chief Minister, Himanta Biswa Sarma, briefing the media, said that while upholding the Constitutional validity of Section 6A of the Citizenship Act, a Constitutional Bench of the Supreme Court had last year clearly indicated that the Government of Assam is free to use the 1950 Act to detect and deport foreigners.

He also said that the process of detection and expulsion of foreigners through the Foreigners Tribunals is cumbersome and long-drawn.

The  Chief Minister informed that around 82,000 cases are pending in the Foreigners Tribunals in the State.