GS 2 – Polity
Context:
The Ministry of Home Affairs (MHA) has notified the Immigration and Foreigners Act, 2025, along with new Rules, Orders, and Exemption notifications, to overhaul and unify India’s laws on immigration, registration, deportation, and foreigners’ rights. This includes enhanced powers for Foreigners Tribunals, particularly in Assam.
What has changed?
 Legislative Reform Highlights:
- Repeals and replaces:
- Passport (Entry into India) Act, 1920
- Registration of Foreigners Act, 1939
- Foreigners Act, 1946
- Immigration (Carriers’ Liability) Act, 2000
- Introduces a single immigration code to regulate all aspects of entry, exit, and stay of foreigners.
Key Changes in Foreigners Tribunals (FTs):
 Expanded Powers:
- FTs now have powers equivalent to a First Class Judicial Magistrate (in Assam).
- Can summon persons, examine documents, and pass orders on foreigner status.
- Notably, only Assam’s FTs have been given these quasi-judicial powers.
 Operational Role:
- Adjudicate whether a person is a foreigner or Indian citizen.
- Hear cases referred by:
- Bureau of Immigration (BoI)
- Ministry of Home Affairs (MHA)
- Foreigners Regional Registration Office (FRRO)
- Empowered to act on:
- Suspicious travel/visa records
- Academic credentials
- “Summary sheets” of foreign origin indicators
 FTs in Assam:
- 100+ FTs operational (originally set up post-IMDT Act repeal by Supreme Court in 2005).
- Linked to NRC (National Register of Citizens) process.
- Assam has a higher burden due to cross-border migration (mainly from Bangladesh).
New Rules for Immigration Monitoring (2025):
 Bureau of Immigration Role:
- To examine immigration fraud, coordinate with states, and maintain digital records.
- Has both regulatory and enforcement powers.
- Can initiate action based on:
- False documents
- Overstaying
- Criminal or terror-related suspicions
 “Illegal Migrants” Definition Expanded:
- Includes:
- Overstaying visa holders
- False documentation
- Threats to national security or public order
- Unauthorised work/tourist visa misuse
Exemptions & Special Provisions:
 Exemption Order (2025):
- Foreigners from Tibet, Bhutan, and select persecuted minorities from neighbouring countries (Pakistan, Afghanistan, Bangladesh) may be exempted from deportation.
- Those eligible under Citizenship Amendment Act (CAA) provisions (Hindus, Sikhs, Christians, etc. from Pakistan/Afghanistan/Bangladesh) can apply for Indian citizenship.
 Not Applicable To:
- Sri Lankan Tamils (residing in Tamil Nadu or elsewhere in India)
- Rohingyas, Chinese, or others outside the exemption categories.
Concerns & Criticism:
- State Government of Assam has challenged some FT orders.
- Critics point out lack of due process, risk of statelessness, and potential targeting of minorities.
- Legal experts raise issues about right to appeal and need for independent oversight.