Assam Approves SOP To Fast-Track Expulsion Of Foreigners Under 1950 Act

Individuals get 10 days to prove citizenship. "Doubtful Foreign Nationals" identified by FTs and having exhausted legal remedies will be directly expelled.

Assam's cabinet approved an SOP allowing DCs/ADCs to expel suspected foreigners under the 1950 Act, bypassing Foreigners' Tribunals for faster action.

Source : PTI

The Assam cabinet on Tuesday approved a Standard Operating Procedure (SOP) for expelling foreigners under the Immigrants (Expulsion from Assam) Act, 1950, Chief Minister Himanta Biswa Sarma announced.

The move empowers district commissioners (DCs) and additional district commissioners (ADCs) to issue expulsion orders after giving suspected foreigners a 10-day window to present documents proving their Indian citizenship.

“If the DC or ADC is convinced that the person is a foreigner, the expulsion order will be issued on the 10th day itself,” Sarma told reporters.

Faster Process, Limited Role for Foreigners’ Tribunals

The process bypasses the Foreigners’ Tribunals (FTs), which currently handle such cases, and is expected to make expulsions swifter. However, if officials cannot take a prima facie decision, the matter will still be referred to the FTs.

The chief minister said the decision follows directives from the Supreme Court’s constitutional bench headed by Justice Surya Kant and the Union Ministry of Home Affairs (MHA).

“The cabinet has approved the SOP to guide DCs and senior superintendents of police (SSPs) in expelling illegal migrants from Assam and tackling the unabated immigration from neighbouring countries, thereby safeguarding the indigenous people,” Sarma said.

How the Process Works

If police or other agencies flag a person as a suspected illegal immigrant, the DC/ADC will direct them to submit citizenship proof within 10 days.

If the evidence is unsatisfactory, the officer will record reasons in writing and issue an expulsion order under Section 2(a) of the Act, directing removal within 24 hours through a specified route.

In cases of “Doubtful Foreign Nationals (DFNs)” already identified by FTs and having exhausted legal remedies, DCs will directly issue expulsion orders.

Once expelled, their biometric and demographic details will be captured in the Foreigners Identification Portal.

If an illegal migrant refuses to leave, the person will be sent to a holding centre or handed over to the border guarding force for expulsion. Those caught near the zero line or within 12 hours of entry will be pushed back immediately.

Pending Cases and Past Expulsions

Sarma clarified that the 82,000 cases pending before FTs will not be considered under the new SOP and will continue under the existing system.

He also claimed that 30,128 foreigners have been pushed back so far, though he did not specify the timeframe.

“The Act nullifies the role of the FTs for fresh cases. No new cases will be referred to them, though they will continue with cases already pending,” the chief minister added.