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Assam CM Himanta Says 1950 Law Allows Deportation Of Illegal Foreigners: What Is Immigrants Act?
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Assam CM Himanta Biswa Sarma said: 'The SC recently said the Immigrants (Expulsion From Assam) Act, 1950, is still valid, and the state can use it to deport illegal foreigners…"
Assam Chief Minister Himanta Biswa Sarma recently said that his government can deport illegal foreigners using an old law passed in 1950.
He said, 'The Supreme Court recently said that the Immigrants (Expulsion From Assam) Act, 1950, is still valid, and the state government can use it to deport illegal foreigners without approaching courts…This time, if someone is identified as a foreigner, we will not have to take up the case with the foreigners' tribunal to push back the person…The existence of this law came to light recently. Therefore, the state government will use this act to pushback illegal immigrants…"
In our vigorous fight against illegal infiltration, we draw strength from a special provision which empowers DCs to identify and expel infiltrators from Assam.📍Assam Assembly
— Himanta Biswa Sarma (@himantabiswa) June 9, 2025
The Act states that if the Central Government is of the opinion that the presence of any person or persons who come into Assam from outside is detrimental to the interests of the general public of India or of any section of public or of any Scheduled Tribe in Assam, the Central Government may direct them to leave Assam, and issue orders to remove them from Assam.
While this power has been given to the central government, the Act empowers the central government to delegate the power to any officer of the central government or any officer of the governments of Assam, Meghalaya and Nagaland.
While upholding the validity of Section 6A of the Citizenship in Assam in the judgement issued in October 2024, the Supreme Court said, '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 Supreme Court also stated the Immigrants Expulsion law is not contradictory to the of Section 6A of the Citizenship Act, and both can co-exist.
THE OPPOSITION
Minority-based opposition party All India United Democratic Front (AIUDF) meanwhile has petitioned Governor Lakshman Prasad Acharya, protesting 'continued" harassment of Indian Muslims on the pretext of identifying and apprehending 'so-called illegal foreigners" in the state.
