FTs can issue arrest warrants, send ‘foreigners’ to detention centres , Pg10

Key Highlights:

• The Union Home Ministry granted Foreigners Tribunals (FTs) powers of a first class judicial magistrate nationwide via the Immigration and Foreigners Order, 2025.
• The 2025 Order allows FTs to send individuals who fail to prove they are "not a foreigner" to detention or holding centers.
• FTs can now issue arrest warrants for individuals contesting nationality who fail to appear in person.
• The order mandates biometric data collection of illegal migrants attempting to enter India by Border Guarding Forces and the Coast Guard.

Detailed Insights:

• The Immigration and Foreigners Order, 2025 replaces the Foreigners (Tribunal) Order, 1964, and was notified under the Immigration and Foreigners Act, 2025.
• Assam has 100 operational FTs after the Supreme Court scrapped the Illegal Migrants (Determination by Tribunals) Act, 1983, in 2005, leading to the conversion of 11 Illegal Migrant Determination Tribunals (IMDT).
• The National Register of Citizens (NRC) in Assam, published in 2019, excluded 19 lakh out of 3.29 crore applicants, and FTs were tasked with providing opportunities for those excluded to present their case.
• The order restricts employment of foreigners in sensitive sectors like power, petroleum, defence, space technology, nuclear energy, and human rights without Central government approval.
• The order allows for the refusal of entry or stay in India for foreigners convicted of serious crimes, including anti-national activities, terrorism, human trafficking, and cybercrime.
• The Immigration and Foreigners (Exemption) Order, 2025 exempts citizens of Nepal and Bhutan, Tibetans, and Sri Lankan Tamils from the Act.

Key Concepts Involved:

• Foreigners Tribunal (FT): Quasi-judicial bodies in India tasked with determining the nationality of individuals suspected of being illegal foreigners.
• National Register of Citizens (NRC): A register containing names of Indian citizens, with the aim of identifying and separating illegal immigrants.
• Illegal Migrant: A foreigner who enters India without valid documents or stays beyond the permitted time.