Assam's New Policy to Expel Undocumented Migrants Within a Week
Assam's Chief Minister Announces Expedited Deportation Policy
On Thursday, Assam's Chief Minister Himanta Biswa Sarma declared that the state will begin to "push back" undocumented migrants to Bangladesh within a week of their classification as foreigners by the Foreigners’ Tribunals.
Sarma emphasized that the state does not require a repatriation treaty with Bangladesh to carry out these actions, as reported by a local news outlet.
He noted that in the past three months, approximately 2,000 individuals have been sent back to Bangladesh, a policy that aligns with the revival of the 1950 Immigrants Expulsion from Assam Act.
This legislation empowers district commissioners and senior police officials to expel "illegal migrants" without going through the Foreigners’ Tribunals.
In September, the Assam Cabinet approved a standard operating procedure under this Act, which previously required cases of undocumented migrants to be processed by the Foreigners’ Tribunals.
These tribunals serve as quasi-judicial bodies that handle citizenship issues but have faced criticism for their perceived arbitrariness and bias, often declaring individuals as foreigners over minor errors or insufficient documentation.
Individuals labeled as foreigners can appeal their cases to the Gauhati High Court or the Supreme Court. However, many have not been deported despite being declared foreigners due to the formal verification process required for citizenship.
Since the Pahalgam terror attack on April 22, police in BJP-ruled states have been detaining Bengali-speaking individuals, primarily Muslims, demanding proof of their Indian citizenship.
Some individuals have been forcibly sent to Bangladesh after failing to establish their citizenship, while others mistakenly deported have been returned to India after their citizenship was verified.
Sarma stated that the new policy aims to expedite the process of deportation, preventing delays in the High Court or Supreme Court.
He remarked, "The main issue was that the state government lacked the means to act once someone was declared a foreigner," and mentioned that a designated facility has been established for this purpose.
With this new approach, the state aims to expel between 10,000 and 50,000 undocumented migrants annually, contingent on their identification, according to Sarma.
He added, "If the last five years were marked by the eviction of foreigners, the next five will focus on the number expelled."
Assam is gearing up for Assembly elections in the coming months.
In June, Sarma had asserted that the expulsion of declared foreigners was legally justified under the 1950 Act.
He also mentioned that the Supreme Court upheld Section 6A of the 1955 Citizenship Act in October 2024, granting the Assam government extensive powers to act under the 1950 law.