Foreigners Tribunals Empowered Under New Immigration Order
The Union Ministry of Home Affairs (MHA) issued the Immigration and Foreigners Order, 2025, granting Foreigners Tribunals (FTs) first class judicial magistrate powers. This development is for Assam, where FTs are uniquely operational. The order allows detention of persons unable to prove their Indian nationality. It replaces the 1964 Foreigners (Tribunal) Order and follows the Immigration and Foreigners Act, 2025, which repealed earlier laws.
Background
Foreigners Tribunals were introduced in Assam to determine the nationality of disputed persons. Initially, Illegal Migrant Determination Tribunals (IMDT) operated under a separate act until the Supreme Court struck it down in 2005. The NRC update in 2019 excluded 19 lakh people, increasing the workload of FTs. The new order formalises their judicial powers, including issuing arrest warrants.
Judicial Powers and Procedures
The 2025 order empowers FTs to issue arrest warrants if a person fails to appear. Previously, detention was enforced through executive orders, now backed by law. The number of FT members is capped at three. Ex-parte orders can be reviewed within 30 days if appealed. This formal judicial status enhances due process and accountability.
National Application and Assam’s Unique Position
While the order applies nationwide, FTs currently function only in Assam. Elsewhere, illegal migrants are presented before local courts. Assam’s unique demographic challenges and the NRC process make FTs essential. The State government has contested the NRC in its present form, reflecting ongoing legal and political debates.
Detention and Deportation Measures
Persons unable to prove nationality may be sent to detention or holding centres. Designated Border Guarding Forces and the Coast Guard must prevent illegal entry and capture biometric data. A nodal officer in each State monitors detection and deportation activities, ensuring central oversight.
Restrictions on Foreign Employment
The order prohibits employing foreigners in sensitive sectors without Central government approval. These sectors include power, water supply, petroleum, defence, space, nuclear energy, and human rights. This aims to safeguard national security and critical infrastructure.
Grounds for Refusal of Entry or Stay
Entry or stay may be refused to foreigners convicted of serious crimes. These include anti-national activities, espionage, rape, murder, terrorism, narcotics trafficking, human trafficking, cybercrime, and related offences. This provision strengthens India’s security framework.
Exemptions Under the Order
Certain groups are exempted from the Act’s provisions. These include citizens of Nepal and Bhutan, Tibetans, and Sri Lankan Tamils. This reflects India’s special diplomatic and humanitarian considerations.
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