The Assam government is under intense scrutiny from the Supreme Court of India over its delay in deporting 63 declared foreigners from the state. While Assam has long struggled with illegal immigration issues, the deportation process remains legally and diplomatically complicated.
Despite being identified as foreigners by Assam’s Foreigners Tribunals, these 63 individuals remain in detention centers, unable to be deported due to bureaucratic hurdles, lack of travel documents, and diplomatic constraints. This has reignited the debate on illegal immigration in Assam and raised concerns about India’s border security and deportation policies.
Why Has the Supreme Court Questioned Assam’s Deportation Delay?
The Court recently asked the Assam government to explain why the 63 declared foreigners have not been deported despite legal rulings. The state’s Foreigners Tribunals had ruled that these individuals were not Indian citizens, making them eligible for deportation.
However, Assam has struggled to execute their deportation due to multiple factors, including:
- Lack of diplomatic agreements with neighboring countries.
- Inadequate identification documents of detained individuals.
- Resistance from home countries to accept deported individuals.
- Human rights concerns regarding indefinite detention.
The Court has asked the Assam government to provide a detailed report on its plans for handling these 63 detainees.
Why is Deporting Foreigners from Assam So Difficult?
While the Assam government has taken a strong stance on illegal immigration, the actual deportation process is far from straightforward. Here are some key challenges:
1. Lack of Identification Documents
Most illegal immigrants entering Assam do not possess valid passports, visas, or any official documents proving their nationality. When a person is declared a foreigner, they must have identification proof linking them to their country of origin. Without these documents, deportation becomes nearly impossible.
2. Diplomatic Challenges with Neighboring Countries
Many of the declared foreigners in Assam are suspected to be from Bangladesh, but deporting them requires official confirmation from the Bangladeshi government. If Bangladesh refuses to acknowledge them as its citizens, India cannot force deportation.
3. Human Rights & Legal Complications
India follows international human rights laws, preventing indefinite detention without trial. However, when a person is declared a foreigner but cannot be deported, they remain in limbo—neither recognized as an Indian citizen nor accepted by another country.
4. Political & Social Sensitivities
Illegal immigration is a highly sensitive issue in Assam, with political parties and regional groups holding strong opinions on the matter. The Assam Accord (1985) and the National Register of Citizens (NRC) have attempted to address this, but deportation remains a complex legal and humanitarian issue.
What Happens to Foreigners Who Cannot Be Deported?
For those who remain in Assam despite being declared foreigners, the government follows these steps:
Detention in Foreigners’ Camps – The individuals remain in special detention centers inside Assam’s jails while awaiting deportation.
Conditional Release – Some foreigners are released under strict conditions, including periodic reporting to police stations.
Legal Appeals – Many declared foreigners appeal their cases in higher courts, further delaying deportation.
Possible Citizenship Reforms – Some experts suggest long-term foreign detainees should be granted legal status instead of indefinite detention.
The Court’s intervention suggests that India needs a clear and enforceable policy for handling illegal immigrants who cannot be deported.
Assam’s Illegal Immigration Crisis: A Long-Standing Issue
Assam has been dealing with illegal immigration concerns for decades, mainly due to its porous borders with Bangladesh. The 1991 Census already indicated a rapid rise in Assam’s migrant population, and the issue has remained at the forefront of state politics ever since.
The NRC (National Register of Citizens) was updated in 2019 to identify genuine Indian citizens, but it left over 19 lakh people stateless, many of whom continue to live in uncertainty. Deportation efforts have been slow, as seen in the case of the 63 foreigners currently in detention.
What Next? Court’s Verdict Could Shape Future Deportation Policies
With the Court now involved, the Assam government must present a concrete plan for deporting the 63 declared foreigners. This could lead to:
Stronger diplomatic negotiations between India and neighboring countries.
Better documentation policies to track undocumented migrants.
Legal reforms to address human rights concerns for long-term detainees.
While the Court’s intervention is expected to bring some clarity, the broader problem of illegal immigration in Assam remains a complex and politically charged issue.
Conclusion: Assam’s Immigration Challenge Continues
The Assam government’s struggle to deport 63 declared foreigners highlights the larger issue of illegal immigration in India. While authorities aim to enforce immigration laws, legal, diplomatic, and human rights barriers complicate the deportation process.
With the Court seeking accountability, Assam may have to rethink its deportation strategies and strengthen its border security measures. The coming months will determine whether India can resolve this issue, or if it will continue to be a recurring legal and political debate.
