Immigration and Foreigners Order 2025

Why in the News?

In 2025, the Immigrant and Foreigners order was issued by the ministry of home affairs which had replaced the foreigners (tribunal) order of 1964.

• This grants Foreigners Tribunals (FTs)—previously exclusive to Assam—the authority equivalent to that of a First-Class Judicial Magistrate.
• It aims to streamline the process of detecting, detaining, and deporting illegal migrants across India.
• Comes in the backdrop of NRC (National Register of Citizens) exercise and issues related to illegal immigration, especially from neighboring countries.

Key Points of the Order:

Powers Granted to Foreigners Tribunals (FTs):

• FTs can now act like First-Class Judicial Magistrates.
• If an individual whose citizenship is under dispute does not appear before the Tribunal, it has the authority to issue an arrest warrant.
• They can send individuals to detention or holding centers if they fail to prove that they are not foreigners.
• Previously, this process was carried out by executive directions rather than judicial directives.

Countrywide Applicability:

• In other states, illegal migrants are produced before local courts instead.

Replacement of Old Laws:

• The Immigration and Foreigners Act, 2025, passed in April 2025, repealed four older laws, including:

• Foreigners Act provisions related to tribunals.
• In 2005, the Supreme Court struck down the Illegal Migrants (Determination by Tribunals) Act of 1983 as unconstitutional.

Background in Assam:

• Under the 1983 Act, Assam was first set up with 11 Illegal Migrant Determination Tribunals (IMDTs).
• After the Supreme Court ruled in 2005 to strike down the IMDT Act, the cases were sent to Foreigners Tribunals.
• Presently, 100 FTs are operational in Assam.
• This has gained renewed importance after the National Register of Citizens (NRC) ruling, which excluded 1.9 million people from the 32.9 million applicants seeking registration.
• Excluded individuals were to approach FTs to prove their citizenship.

Employment Restrictions:

Foreign nationals cannot be employed in certain sensitive sectors without Central government approval:

• Power and water supply
• Petroleum sector
• Defence
• Space technology
• Nuclear energy
• Human rights organizations

Border Management & Deportation:

• Border Guarding Forces (e.g., BSF) and the Coast Guard must:
  • Capture biometric and demographic details of illegal entrants.
  • Upload data to a Central government portal.
  • Immediately push back illegal migrants attempting to cross the border.
• A state-level nodal officer will be responsible for managing the identification and deportation procedures.

Grounds to Refuse Entry or Stay:

• Entry or stay of a foreign national may be denied or terminated if they are found engaged in:
  • Anti-national activities or espionage
  • Terrorism and subversive acts
  • Rape, murder, child abuse, human trafficking
  • Cybercrime or fake currency (including cryptocurrency)
  • Racketeering with fake travel documents

Exemptions:

• Under the Immigration and Foreigners (Exemption) Order, 2025, specific groups are not subject to the provisions of this Act:
  • Citizens of Nepal and Bhutan
  • Tibetan refugees
  • Sri Lankan Tamils

About Foreigners Tribunals (FTs):

Significance of the New Order:

• Strengthens legal backing for handling illegal migration issues, especially in border states like Assam, West Bengal, and Tripura.
• Reduces dependency on executive discretion, providing a judicial framework for detention and deportation.
• Aims to curb infiltration and illegal employment of foreigners in sensitive sectors.
• Brings uniformity across India, though initial implementation remains focused on Assam.

Related Supreme Court Cases:

Conclusion:

The Immigration and Foreigners Order, 2025 is a landmark step to institutionalize and strengthen the process of identifying and deporting illegal migrants, especially in Assam.
It:

• Empowers FTs with judicial authority,
• Ensures faster handling of NRC and foreigner-related disputes,
• Imposes strict regulations on illegal employment, and
• Sets up a nationwide framework to deal with cross-border infiltration and national security concerns.