In a major policy shift, Assam Chief Minister Himanta Biswa Sarma has announced that the state will now invoke an overlooked law from 1950 to deport illegal foreigners, eliminating the need for lengthy court procedures. Speaking to the media during his official visit to Nalbari, the Chief Minister stated that Assam no longer needs to approach courts in every case involving illegal immigrants. He explained that the Supreme Court has recently confirmed that the Immigrants (Expulsion from Assam) Act, 1950, remains valid, which grants the state legal power to act swiftly.

“There is an old law called the Immigrants Expulsion Order (1950), and during hearing on Section 6A of the Citizenship Act, the constitutional bench of the Supreme Court said that this Act is still valid. Under its provisions, even a District Commissioner can issue an order for immediate pushback of illegal immigrants,” CM Sarma informed reporters.

He pointed out that this important legal tool had been neglected for years—overlooked both by the administration and its legal representatives. “The existence of this law came to light recently. Therefore, the state govt will use this act to pushback illegal immigrants,” he said, expressing frustration over the delay in recognizing its relevance.

“From now on, after illegal immigrants are identified, there will be no need to send the matter to Tribunals, we will immediately pushback them over the border,” Sarma declared, emphasizing the urgency with which the new approach would be enforced.

The Chief Minister also acknowledged that the state’s earlier efforts to identify and deport illegal immigrants had slowed due to the administrative burden posed by the National Register of Citizens (NRC) update. But now, that will change. “The detection process of illegal immigrants, which was going at a snail’s pace due to the NRC, will now speed up in Assam. Once detected, we will push them back into Bangladesh,” he said.

According to Sarma, necessary preparations to implement the revised policy are already underway. He reiterated that this approach will streamline the detection and deportation process, as there will be no more need to route every case through tribunals. However, he also clarified an important exception—“people who have approached courts challenging their deportation orders will not be deported till the courts settle the matters.”

The legal foundation for this move was reaffirmed by the Supreme Court in its October 2024 verdict while upholding Section 6A of the Citizenship Act. The court observed, “The provisions of the Immigrants (Expulsion from Assam) Act, 1950 shall also be read into Section 6A and shall be effectively employed for the purpose of identification of illegal immigrants.” The judgment added that the 1950 Act is not in conflict with Section 6A, allowing both to be enforced together.

The apex court also pointed out a historical perspective behind the legislation. It stated that “the huge influx of migrants from Bangladesh to Assam has always been a ‘cause for concern’ and Parliament has taken steps to address the issue previously.” The judgment highlighted that while a similar act known as the Influx from Pakistan (Control) Act was repealed in 1952, the eastern border law—applicable only in Assam—remained in effect.

The court further clarified that the need for this specific law arose because “the Foreigners Act did not include immigrants from Pakistan.” Hence, the Immigrants (Expulsion from Assam) Act, 1950 was passed to fill that legal gap.

According to the provisions of this Act, if the Central Government believes that any person or group entering Assam from outside poses a threat to public interest—be it for the people of India, specific communities, or Scheduled Tribes in the region—it may issue directives for their removal. The law empowers the central government to take such steps directly or to assign this authority to officers from the central government or the state administrations of Assam, Meghalaya, and Nagaland.

This rediscovery of a long-ignored law may significantly reshape Assam’s immigration enforcement strategy, particularly as the region continues to grapple with complex demographic challenges stemming from decades of cross-border migration.