Assam Chief Minister Himanta Biswa Sarma has announced that the state no longer requires the use of foreigners' tribunals to identify illegal immigrants. This statement follows a Supreme Court order that reaffirms the validity of the Immigrants (Expulsion from Assam) Order, 1950. According to Sarma, this order empowers deputy commissioners to directly order the deportation of illegal immigrants.
Sarma highlighted that a constitutional bench of the Supreme Court, while addressing Section 6A of the Citizenship Amendment Act, clarified that the Assam government is not always required to approach foreigners' tribunals for deporting individuals deemed as illegal immigrants. He emphasized the Immigrants (Expulsion from Assam) Order, 1950, remains valid and allows deputy commissioners to order immediate pushbacks.
The Assam government's actions regarding illegal immigrants have faced legal challenges. There have been instances where individuals declared as illegal foreigners by tribunals were pushed back into the no-man's land between India and Bangladesh. This led to petitions being filed in the Supreme Court and Gauhati High Court, seeking information on the whereabouts of family members and requesting a halt to these pushbacks.
In late May 2025, at least 49 individuals declared as foreign nationals were pushed back from western and southern Assam. Following these actions, at least three separate petitions were filed in the Supreme Court and Gauhati High Court. These petitions sought details regarding the location of family members suspected of being pushed back and requested a cessation of the ongoing deportation drive.
Sarma stated that approximately 30,000 individuals, after being declared foreign nationals by various tribunals, had disappeared. He added that the process of detecting these individuals, which had been paused during the update of the National Register of Citizens (NRC), would be expedited. He clarified that while the government is taking action according to the law, individuals have the right to appeal in the High Court or Supreme Court. Those who have not appealed the tribunal's decision forfeit their right to stay in India, but those with pending appeals will not be disturbed. Additionally, the government is respecting any stay orders issued by the judiciary on tribunal rulings.
Sarma has specified that there are two categories of illegal immigrants: those who have recently entered the country and those who have been declared foreigners by tribunals. He noted that a Supreme Court order from February 2025 mandated that individuals declared as foreigners who have not filed an appeal should be sent back by any means necessary. As an example, he mentioned that 35 Bangladeshis who had recently entered Assam were detected near the border with Meghalaya in Silchar and were immediately pushed back.