106 SECTION I.A.1 and highlights two characteristics of the legitimate purpose cited. Firstly, ‘foreigners’ are detained in detention centres for administrative expediency i.e. to prevent them from committing ‘the act of vanishing’.175 This is to ensure the availability of a person declared as a foreigner by the FT for the removal action, i.e. deportation. Secondly, the detention of foreigners is for the purpose of eventual deportation. The White Paper explicitly states that an individual declared as a ‘foreigner’ is detained until they are pushed back to their country of origin.176 It also clearly states the concerning Indian practice of pushbacks where ‘foreigners’ are compelled into Bangladesh by Border Security Force given the lack of a bilateral deportation policy between India and Bangladesh.177 The White Paper does not talk about the existence of review mechanisms that seek to periodically review circumstances relevant to each individual case (feasibility of deportation within a given timeframe, possibility of release, etc.). It is important to note that detention of ‘foreigners’ solely for the purpose of ‘administrative expediency’ is not a legitimate purpose under international law. This is further reflected in Guideline 27 of the Equal Rights Trust Guidelines to Protect Stateless Persons for Arbitrary Detention (‘ERT Guidelines’).178 However, the State may frame its legitimate purpose as deportation to obscure the administrative convenience involved in its action. It may cite justifications of ‘flight risk’ i.e. person may disappear if not detained. In such circumstances, however, the removal action must be imminent – ‘a matter of hours or a day’.179 It is clear that the deportation of any person detained in detention centre in Assam is not imminent as per this standard. 175 Home and Political Department, Government of Assam, Foreigners’ Issue (n 162). 176 ibid. 177 ibid. 178 ERT Guidelines (n 170). 179 British Institute of International and Comparative Law, ‘Immigration Detention And The Rule Of Law: Safeguarding Principles’ (2013) <https://www.biicl.org/files/6559_immigration_detention_and_ the_rol_-_web_version.pdf> accessed 25 July 2020. SECURING CITIZENSHIP

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