Assam to Expel Post-1971 Migrants Under 1950 Act via Swift Evictions

(ASSAM) Assam has moved to fast-track removals of people deemed to be in the state unlawfully, formally activating the Immigrants (Expulsion from Assam) Act, 1950 with a new Standard Operating Procedure (SOP) that takes effect this week. On September 9, 2025, Chief Minister Himanta Biswa Sarma announced that district authorities will now use the Act and a detailed SOP to identify, hear, and expel those who entered Assam after the Assam Accord’s cut-off of March 24, 1971. The state says the policy shift follows recent Supreme Court directives clarifying Assam’s power to deploy the 1950 Act against illegal immigrants and is aimed at clearing a large backlog of pending cases.

Key features of the SOP

• Authorities empowered: Deputy Commissioners (DCs) and Senior Superintendents of Police (SSPs) can serve notices, hold brief hearings, and issue removal orders.
• Response timeframe: Suspects receive 10 days to show proof of Indian citizenship.
• Expulsion timeline: If a DC finds the person is a foreign national after the hearing, an immediate expulsion order follows, with a 24-hour window to leave by a specified route.
• Border rule: People caught near the border, or within 12 hours of entry, may be turned back at once.
• Digital records: Districts are instructed to complete biometric and demographic capture for each person on the Foreigners Identification Portal.

Officials estimate there are over 82,000 pending cases statewide. The government argues the new process will let districts address those files faster than the traditional route through the Foreigners’ Tribunals. If a DC cannot settle a person’s status after the 10-day window and hearing, the SOP requires the case to go to a Tribunal for a full decision.

The government says the SOP is intended to speed up resolution while creating a digital trail and written records for accountability.

Implementation mechanics and timelines

District officials describe the process in stages:

1. Identification
   • Can come from police reports, border units, or other credible sources.
2. Notice
   • DC issues a written “Notice,” giving the person 10 days to file documents proving Indian citizenship (examples below).
3. Hearing
   • DC reviews documents and evidence in a short hearing.
   • If evidence does not prove citizenship, the DC records detailed reasons and issues an expulsion order under Section 2(a) of the 1950 Act.
4. Removal
   • The person has 24 hours to leave Assam via a specified route.
   • If non-compliant, the DC and SSP can arrange detention or handover to border forces.

Acceptable documents and evidence (examples):
– Legacy documents tied to the March 24, 1971 cut-off
– Voter lists
– School records
– Other government papers validating date-linked residence

The SOP instructs SSPs to record each person’s biometric and demographic data on the Foreigners Identification Portal before removal, creating a digital trail for accountability. Districts must keep written records of notices, hearings, evidence reviewed, and the basis for each decision, including referrals to Foreigners’ Tribunals.

Officials say the SOP is designed to be quicker than Tribunal-only processing by:
– Allowing DCs to decide clear cases within days
– Letting DCs execute expulsion orders immediately for people already declared foreigners by a Tribunal after all appeals

A special border rule allows instant turn-back for migrants detected very close to the international boundary or within 12 hours of entry, reducing detention periods. Lawyers, however, question how timing and identity will be verified at the fence line and call for safeguards to prevent refoulement.

Reactions and legal context

The policy lands in a complex legal and political space:

• The Supreme Court has recently upheld Assam’s authority to use the 1950 Act in this manner.
• The 2025 Immigration and Foreigners (Exemption) Order exempts certain categories (such as minorities fleeing persecution) who entered as late as December 31, 2024, creating tension with the 1971 cut-off central to the Assam Accord.
• Community leaders and critics warn the two rules may collide in practice, causing confusion for officers and residents.

Background and stakes:
– The 1985 Assam Accord set March 24, 1971 as the date for identifying and deporting foreigners.
– The 2019 NRC process excluded nearly 1.9 million applicants; subsequent verification and redress steps stalled and left many families in limbo.
– Many people have difficulty obtaining or fixing legacy documents, or correcting minor errors that can sink a case.

Supporters’ arguments

Supporters — including civil society groups that backed the Assam Accord — say the move:
– Centers the March 24, 1971 cut-off embedded in state law
– Protects land, jobs, and political rights of indigenous Assamese communities
– Prevents alleged settlement of illegal immigrants that could change land ownership and electoral rolls
– Will protect cultural identity, local livelihoods, and fragile ecosystems in flood-prone districts

VisaVerge.com analysis notes that using the Immigrants (Expulsion from Assam) Act, 1950 as the primary tool marks a sharp turn after years of reliance on Foreigners’ Tribunals.

Critics’ concerns

Rights advocates and legal experts warn of several risks:
– The 10-day response period is too short for people in remote areas to gather documents, especially older residents and low-income families.
– Risk of family separation and mass pushbacks without adequate legal review.
– People who speak Bengali at home, including many Indian citizens, could face greater scrutiny.
– Use of a 1950 law for large-scale expulsions is unusual and may prompt constitutional challenges on due process and equal protection grounds.
– Practical issues like verifying border timing, coordinating with neighboring countries, and protecting vulnerable people from harm.

Critics emphasize that short timelines and limited documentation can produce wrongful expulsions. They call for robust safeguards, clear evidence standards, and easy access to legal remedy.

Practical implementation questions and measures

Officials and advocates highlight unresolved operational issues:
– Coordination with neighboring countries for border “pushback” orders.
– Handling cases where a person has strong social ties in Assam but weak legacy papers.
– Translation and assistance for non-Assamese speakers during the 10-day window.
– Training for DC and SSP teams to ensure uniform procedures and reduce mistakes.

Government counters:
– DCs will accept a range of records and refer doubtful cases to Tribunals rather than expel on thin evidence.
– Biometric capture aims to prevent mix-ups and duplicate entries across districts.
– SOP requires a paper trail for referrals to Tribunals and for documentation of decisions.

Districts plan to:
– Prioritize cases already decided by Tribunals, then process the 82,000+ pending files.
– Run parallel identification drives focusing on border belts, char areas, and transit points.
– Coordinate police and border agencies to time removals within the 24-hour post-order window, except for health or humanitarian delays.

What residents should know and do

Legal advice for residents receiving a notice:
– Keep copies of all legacy records.
– Gather school, land, and voter documents.
– Respond within the 10-day period and ask the DC office how to submit records and when the hearing will occur.
– Inform the DC promptly if you have medical conditions or disabilities and request reasonable time to file additional documents.
– If the DC cannot reach a clear finding, the case goes to a Foreigners’ Tribunal for a full hearing — prepare witnesses and additional records for that forum.

Officials say districts will provide acknowledgment slips for filings and will note any extensions granted for special reasons.

Official information and contacts

Officials have urged residents to follow official updates posted by the state and shared through DC offices. One official website carrying policy updates is the Assam government website, which posts notifications and contact details for district offices.

Residents who receive a notice should contact their Deputy Commissioner’s office quickly to confirm deadlines, hearing dates, and required documents.

Outlook: balance of speed and fairness

As Assam executes the SOP under the Immigrants (Expulsion from Assam) Act, 1950, the tension between quick action and fair process will shape outcomes. Small administrative choices — how to read a faded school certificate, how to match spellings across decades — will determine many lives.

• Supporters view this as protection of the Assam Accord’s promise.
• Critics see substantial risks to citizenship rights for people who have lived in Assam for generations.

The coming months will test whether the system can deliver speed without error, firmness without unfairness, and order without loss of dignity.