Assam to Enforce 1950 Immigration Deportation Order for Illegal Immigrants
The Assam government is taking a bold step by enforcing the 1950 Immigration Deportation Order to expedite the deportation of illegal immigrants. Chief Minister Himanta Biswa Sarma announced that the identification process for foreigners will now proceed more swiftly, eliminating the need for judicial intervention in certain cases. This move, which diverges from traditional practices, aims to streamline the deportation process and has already seen some individuals sent back. The legal framework supporting this decision has been affirmed by the Supreme Court, highlighting the authority of district commissioners in issuing deportation orders. As discussions continue, the government remains committed to addressing the issue of illegal immigration effectively.
| Jun 8, 2025, 12:42 IST
Implementation of the 1950 Deportation Order
In Assam, the government plans to enforce a lesser-known law, the 1950 Immigration Deportation Order, aimed at sending illegal immigrants back to their home countries. This decision is significant as it deviates from traditional procedures. Chief Minister Himanta Biswa Sarma announced on Saturday that the process of identifying 'foreigners' has resumed at an accelerated pace, which had previously slowed due to issues related to the National Register of Citizens. He stated that if an individual is identified as a foreigner this time, there will be no need to approach the foreign tribunal to initiate their deportation.
Legal Framework and Supreme Court Insights
He further explained that during earlier hearings regarding Section 6A of the Citizenship Act, the Supreme Court indicated that it is not mandatory for the Assam government to always seek judicial intervention for deporting foreigners. "There exists an old law—the Immigration Deportation Order. The Supreme Court has affirmed that this law remains in effect. According to this law, the District Commissioner has the authority to issue orders and facilitate deportations," he added.
Ongoing Deportation Process
He continued, "For various reasons, our lawyers had not informed us about this order, and we were unaware of it until recently. We will now discuss this matter seriously. Meanwhile, the pushback process will continue." The government has already deported several individuals; however, those with pending cases in court have not been sent back. Foreigners' tribunals are quasi-judicial bodies that handle cases involving suspected foreigners.
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