Assam Cabinet's SOP On Foreigner Detection Invites Sharp Criticism From Opposition

Following the Assam Chief Minister Himanta Biswa Sarma cabinet decision on illegal immigrants at the September 9, opposition leaders have strongly criticized the move. Wrapping up the two-day visit to Assam, CPI(M) General Secretary M.A. Baby addressed a press conference where he sharply criticized the state government, accusing the cabinet of taking “unnecessary decisions” and attempting to settle foreigners in Assam.

He alleged that Chief Minister Himanta Biswa Sarma does not respect the Constitution and has failed to uphold the dignity of the Chief Minister’s office. Referring to Sarma’s earlier claim that he would resign if the SIT report on Gaurav Gogoi was not submitted by September 10, Baby said, “The time has come for the Chief Minister to step down.”

Citing a NITI Aayog survey, Baby claimed Assam ranks among the bottom five states in education and healthcare. He also questioned the government’s alleged plans to carry out evictions in Sixth Schedule areas “to benefit corporate houses like Adani and Ambani.”

“The CPI(M) will always stand with local and tribal communities,” he said, stressing that the upcoming elections are crucial for Assam. The party, he added, will work to steer the polls in the direction of development.

CPI(M) MLA Manoranjan Talukdar said he is waiting till 6 p.m. for the Chief Minister’s response on the September 10 deadline.

“The Chief Minister should at least go home; he cannot keep avoiding the matter,” Talukdar remarked. He added that what the Chief Minister had promised was not even under his authority, but rather the responsibility of central agencies such as the Ministry of Home Affairs, RAW, and the CBI.

AIUDF leader Aminul Islam have alleged that the new Standard Operating Procedure (SOP) issued by the Assam government has undermined the importance of Foreigners’ Tribunals (FTs). He said the SOP carries clear political motives and accused the government of forcefully implementing the Citizenship Amendment Act (CAA).

“The Chief Minister talks about one Act while extending the timeline under the CAA on the other hand. How can the FTs be sidelined?” Islam asked. He further warned that government directives replacing FTs with administrative instructions could lead to misuse of powers by Deputy Commissioners.

Linking the timing of the SOP with the recent controversy over Gaurav Gogoi’s alleged Pakistan connection, Islam claimed it was a politically motivated move aimed at diverting attention and countering protests in Upper Assam.

He also questioned whether the state cabinet could override directives and rulings of the Supreme Court. “We are waiting for the SIT report and will continue to monitor the developments,” Islam added.

Assam Cabinet Approves SOP to Expel Illegal Immigrants

The Assam cabinet has approved a Standard Operating Procedure (SOP) under the Immigrants (Expulsion from Assam) Act, 1950 to guide District Commissioners (DCs) and Senior Superintendents of Police (SSPs) in identifying and removing illegal migrants from the state.

Identification of Illegal Immigrants

Under the new SOP, if a District Commissioner (DC) receives information from the police or any other source that a person may be an illegal immigrant, the individual will be asked to provide proof of Indian citizenship within 10 days.

If the evidence is found insufficient or unsatisfactory, the DC will issue a written opinion declaring the person an illegal immigrant. This document will include a concise statement of facts, findings, and the reasons for the decision.

Expulsion Orders

Following identification, the DC will issue an expulsion order under Section 2(a) of the Immigrants (Expulsion from Assam) Act, 1950, directing the individual to leave Assam within 24 hours via a specified route. Additional orders may be issued if required under Section 2(b) of the Act.

For Declared Foreign Nationals (DFNs) already identified by Foreigners’ Tribunals (FTs), no fresh identification is required. These individuals may have already exhausted legal remedies in the High Court or Supreme Court. The DC will directly issue expulsion orders in such cases.

Biometric Recording

Once an expulsion order is issued, the DC will refer the individual to the Senior Superintendent of Police (SSP) to capture their biometrics and demographic details in the Foreigners Identification Portal.

Expulsion Procedure

If the illegal immigrant fails to comply with the expulsion order, the DC, with assistance from the SSP, may either detain the person in a Holding Centre or hand them over to the nearest Border Guarding Force for removal under Section 4 of the 1950 Act.

Illegal immigrants detected near the zero line, or within 12 hours of entering the state, will be immediately pushed back without undergoing further procedures.

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