Prior to the repeal of the Illegal Migrants (Determination by Tribunal) Act, 1983, by the Hon’ble Supreme Court of India on 12/07/05, the detection and deportation of illegal foreigners was carried out under IM(D)T Act, the Foreigners Act, 1946, and the Foreigners Tribunal Order, 1964. After the repeal of the IM(D)T Act, all the detection and deportation of illegal foreigners are carried out under the Foreigner’s Act, 1946, and the Foreigner’s Tribunal Order, 1964.
After the repeal of the IM(D)T Act, the Govt. of Assam constituted 25 nos. of the Foreigners’ Tribunals in addition to the existing 11 nos. of the Foreigners’ Tribunals to decide the cases under the Foreigners’ Act, “D” Voters cases and transfer the IM(D)T cases. All the 36 Tribunals are functioning.
The Govt. of Assam vide letter No. PLB.149/2008/Pt/8 dated 21/10/09 issued a Notification stating that the Governor is hereby pleased to authorize the police officers of the Government of Assam entrusted with the process of detection and deportation of foreigners as well as other Police Officers entrusted otherwise in the affairs of the Government of Assam to perform the following function namely. To obtain fingerprints and photographs of suspected foreigners before or at the time of referring the case to the Foreigners Tribunals.
As per Notification vide Letter No. PLB.149/2008/88 dated 17/06/2009, the Govt. of Assam decided to set up Detention Centres for detaining foreigners immediately on their being declared as foreigners by the Foreigners Tribunals till their deportation to their place of origin.