MHA empowers Foreigners Tribunals to issue arrest warrants
What's the story
The Union Ministry of Home Affairs (MHA) has empowered Foreigners Tribunals (FTs) with the authority of a first-class judicial magistrate. The new Immigration and Foreigners Order, 2025, replaces the old Foreigners (Tribunal) Order, 1964. It allows FTs to issue arrest warrants and detain individuals who can't prove they're not foreigners. This was previously done through executive orders.
Tribunal authority
Key provisions of new order
The 2025 order empowers FTs to issue arrest warrants if a person whose nationality is disputed fails to appear in person. It also limits the number of tribunal members to three and allows ex parte orders to be set aside within 30 days if an appellant files a review. The order is applicable nationwide but is currently only operational in Assam, where there are 100 FTs.
Migration control
New order prohibits employing foreigners in certain sectors
The new order also prohibits employing foreigners in private sectors like power supply, petroleum, defense, space technology, etc., without the central government's approval. It mandates designated Border Guarding Forces or Coast Guards to prevent illegal migrants from entering India by capturing their biometric information. A nodal officer appointed by the state government will closely monitor the detection and deportation of illegal migrants under this order.
Exclusion criteria
Reasons for which foreigner can be refused entry or stay
The order states that a foreigner can be refused entry or stay in India for various reasons. These include anti-national activities, espionage, rape and murder, crime against humanity, terrorism, narcotics trafficking, cyber crime, subversive activities, arranging financial support for such activities, human trafficking, racketeering in fake travel documents and currency, and child abuse. The MHA has also exempted Nepalese and Bhutanese citizens from the provisions of this Act under the Immigration and Foreigners (Exemption) Order 2025.