The Union Ministry of Home Affairs (MHA) has given Foreigners Tribunals (FT), so far unique to Assam, the powers of a first class judicial magistrate. The fresh Immigration and Foreigners Order, 2025, notified on Monday (September 1, 2025) paves the way to send persons to a detention or a holding centre if they fail to produce any proof that they are “not a foreigner”. This was earlier enforced through executive orders.
The 2025 order, which replaces the Foreigners (Tribunal) Order, 1964, empowers FTs to issue arrest warrants if a person whose nationality has been contested fails to appear in person. The order has been notified under the Immigration and Foreigners Act, 2025, which was passed by the Parliament in April repealing four other legislations.
