Foreigners Tribunals Empowered to Order Arrests, Detentions

Quick Summary:

• The Ministry of Home Affairs (MHA) has issued the Immigration and Foreigners Order, 2025, granting Foreigners tribunals (FTs) in Assam powers equivalent to first-class judicial magistrates.
• FTs can issue arrest warrants and send individuals failing to prove their nationality to detention or holding centers under the new order.
• The order repeals the 1964 Foreigners Tribunal Order and is part of the nationwide Immigration and Foreigners Act passed in April 2025.
• FTs now have structured provisions, including a cap of three members per tribunal and the option for appellants to file a review within 30 days for ex-parte orders.
• Unique provisions apply only to Assam due to ongoing NRC-related cases stemming from exclusions in its publicly released citizen database from 2019. About 19 lakh individuals were excluded out of a total of 3.29 crore applicants during NRC implementation.
• A new directive bars foreigners from working without Central government approval in sensitive sectors, including petroleum, defense, nuclear energy, space technology, human rights supply chains like power or water services.
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