Assam Government Intensifies Deportation of Declared Foreigners
Government Actions on Foreigners
The Chief Minister of Assam, Himanta Biswa Sarma, announced on Monday that the state has successfully deported 303 individuals identified as 'foreigners' and plans to continue this process under the 1950 Immigrants (Expulsion from Assam) Act.
Sarma informed the state Assembly that an additional 35 individuals are ready for deportation once the floodwaters recede. He emphasized that the Supreme Court has validated the act of expulsion, allowing the government to proceed without the need for Foreigners Tribunals.
His statements followed a recent claim that individuals labeled as foreigners were being legally returned to Bangladesh. The Supreme Court, while reviewing challenges to Section 6A of the 1955 Citizenship Act, indicated that the Assam government is not required to seek judicial intervention to identify foreigners.
In a ruling last October, the Supreme Court upheld the constitutional validity of Section 6A, which permits foreigners who entered Assam between January 1, 1966, and March 25, 1971, to apply for Indian citizenship. Indigenous groups in Assam have criticized this provision, alleging it facilitates illegal migration from Bangladesh.
During the Assembly session, Sarma asserted that the Supreme Court's ruling has granted extensive authority to the Assam government. He stated, 'The Supreme Court has confirmed that the 1950 act remains valid and operational.' He explained that deputy commissioners now have the power to expel individuals they suspect to be foreigners without needing to refer to Foreigners Tribunals.
Sarma also noted that the Supreme Court has urged the state government to take action against alleged foreigners, indicating pressure for the government to expedite deportations. He reiterated that 303 individuals have already been deported and that actions will be intensified under the 1950 law.
He clarified that if a deputy commissioner finds sufficient evidence suggesting someone is an illegal foreigner, that person can be expelled to Bangladesh without the need for tribunal referral, as per the 1950 act.
Additionally, Sarma mentioned that two to four individuals who had received stays from the Supreme Court and High Court regarding their deportations were also sent back, facilitated through diplomatic channels.
Deportation Process and Concerns
On May 31, Sarma confirmed that Assam was actively deporting individuals declared as foreigners by the state's Foreigners Tribunals. These tribunals are quasi-judicial bodies responsible for adjudicating citizenship matters, but they have faced accusations of bias and arbitrariness, often declaring individuals as foreigners based on minor errors or insufficient documentation.
Since May 23, there has been a notable increase in detentions of declared foreigners in Assam, with families expressing concern over the lack of information regarding their relatives' whereabouts. Some families have reportedly identified their missing members in videos from Bangladesh, alleging they were forcibly sent across the border.
Sarma stated that the deportation process is being conducted in accordance with directives from the Supreme Court issued in February, which mandated the immediate deportation of foreign nationals held in detention centers.