Immigration and Foreigners Order, 2025

The Ministry of Home Affairs (MHA) has notified the Immigration and Foreigners Order, 2025, giving Foreigners Tribunals (FTs) powers of a first-class judicial magistrate. 

• The order replaces the Foreigners (Tribunal) Order, 1964.
• The order has been notified under the Immigration and Foreigners Act, 2025, which has come into effect, marking a sweeping overhaul of India’s regulatory regime for the entry, stay, and exit of foreigners.

Key Provisions of Immigration and Foreigners Order, 2025

• Tribunal Powers
• • Foreigners Tribunals (FTs) are empowered to issue arrest warrants if a person whose nationality is contested fails to appear.
  • Persons unable to prove Indian nationality can be sent to a detention/holding centre.
  • Membership is capped at three; ex parte orders may be set aside if reviewed within 30 days.
• Applicability: Law applicable across India, though FTs are currently functional only in Assam.
• Employment Restrictions: Foreigners are barred from working in defence, nuclear energy, space technology, petroleum, human rights, power, and water supply without prior approval from the Central government.
• Border Security Role: Border Guarding Forces and Coast Guard are tasked with preventing illegal entry by capturing biometric and demographic details and returning migrants.
• State Government Role: States are required to designate a nodal officer to oversee the detection and deportation of illegal migrants.
• Grounds for Denial of Entry/Stay: Foreigners may be refused entry or stay if convicted of anti-national activities, terrorism, espionage, or serious crimes such as rape, murder, child trafficking, narcotics, hawala, fake currency (including crypto), cybercrime, or crimes against humanity.

About Foreigner Tribunals (FTs)

• Establishment: Established under the Foreigners (Tribunals) Order, 1964, issued through Section 3 of the Foreigners Act, 1946.
• Nature: Quasi-Judicial body
• Purpose: Allow state authorities to refer cases of suspected foreigners for adjudication.
• Jurisdiction: Currently exclusive to Assam; in other states, cases are handled under the Foreigners Act.
• Composition: Headed by members drawn from judges, advocates, or civil servants with judicial experience.
• Numbers: As per the Ministry of Home Affairs (2021), there were 300 FTs in Assam, though the state’s Home and Political Department notes only 100 are functional.
• Functioning:
• • Powers: Similar to a civil court—can summon, examine on oath, and demand documents.
  • Notice: Tribunal must serve notice within 10 days (in English or the state’s official language) after receiving a reference.
  • Response: Suspected individual has 10 days to reply and another 10 days to provide evidence.
  • Timeframe: Case must be disposed of within 60 days of reference.
  • Outcome: If unable to prove citizenship, the individual is sent to a detention centre (now called a transit camp) pending deportation.

Key Provisions of the Immigration and Foreigners Act, 2025

• Fake/Fraudulent Travel Documents: 
  • Using or supplying fake or fraudulently obtained passports or visas is a criminal offence.
  • Mandatory minimum imprisonment of 2 years, extendable up to 7 years; Fine of minimum ₹1 lakh, extendable up to ₹10 lakh.
• Restricted Areas: Foreigners entering restricted areas without valid documents may face up to 5 years in prison, a fine of up to ₹5 lakh, or both.
• Immigration Posts: The Central government may designate specific entry/exit posts, manned by immigration officers.
• Bureau of Immigration: Established to handle immigration functions such as visa issuance, entry regulation, transit, stay, movement, and exit.
• Mandatory Reporting Requirements:
• • Hotels, educational institutions, hospitals, and nursing homes must report the presence of foreigners to civil/immigration authorities.
  • Airlines and shipping companies must submit advance passenger and crew details at Indian ports of entry.
• Government Powers:  Centre empowered to regulate or shut down premises frequented by foreigners; Can impose conditions on the operation of such premises, including restricting entry for certain categories of foreign nationals.
• Power of Arrest: Police officers not below the Head Constable rank are empowered to arrest without warrant persons entering India without passports