The Immigration and Foreigners Order, 2025, by the Union Ministry of Home Affairs (MHA) gave the authority of the first-class judicial magistrate to Foreigners Tribunals (FTs). It is an order that mainly applies to Assam where FTs have been used but it authorizes the detention of those who cannot establish their Indian nationality. It supersedes the 1964 Foreigners (Tribunal) Order, and comes after the Immigration and Foreigners Act, 2025, which repealed older legislation.
Background
Assam was set up with Foreigners Tribunals to establish the nationality of suspicious persons. The Illegal Migrant Determination Tribunals (IMDT) before were run under a different law until the Supreme Court ruled it unconstitutional in 2005. The 2019 NRC exercise excluded 19 lakh individuals which greatly expanded the workload of FTs. The new order gives legal authority in form of issuing arrest warrants.
Jurisdictional Authority and Workings.
The order of the 2025 allows FTs to issue non-appearance arrest warrants. In the past the detentions were based on the executive orders, but currently the detentions are sanctioned by the law. There will be a maximum membership of three in each tribunal. In the case of an appeal, ex-parte rulings can be reviewed within 30 days. This new court is better in enhancing due process and accountability.
Special status of Assam and National applications.
The order is applicable throughout the country although at present FTs are conducted only in Assam. The illegal migrants are handled by the local courts in other States. FTs are irreplaceable in Assam, whose demographic intricacies and NRC procedure complicate matters. Another issue that has been raised by the State against the NRC is the fact that there is still legal and political controversy in its current shape.
Measures of Detention and Deportation.
Those who fail to demonstrate nationality could be taken to detention or holding centres. The responsibility of Border guarding Forces and Coast guard to prevent illegal entry and gathering of Biometric data. The nodal officers will be provided in each State to monitor detection and deportation and maintain central monitoring.
Foreign Employment Regulation.
The decree does not allow hiring of foreigners in sensitive areas without the central permission. These are power, petroleum, water supply, defence, space, nuclear energy and human rights. The relocation is aimed at ensuring national security and security of critical infrastructure.
Refusal of Entry or Stay
Conviction to serious offenses by foreigners- espionage, terrorism, rape, murder, drug and human trafficking, cybercrime and anti-nationalism may result in denial of entry or permancy. This step strengthens the security structure of India.
Exemptions
Some of them are not exempted, which includes citizens of Nepal, Bhutan, Tibetans, and Sri Lankan Tamils as a form of diplomatic relations and humanitarian obligations of India.