What are Foreigners Tribunals’ new powers?, Pg 12.

Key Highlights:

• The Act repeals Passport (Entry into India) Act, 1920; Registration of Foreigners Act, 1939; Foreigners Act, 1946; Immigration (Carriers’ Liability) Act, 2000.
• Bureau of Immigration (BoI) legally empowered to investigate fraud, maintain immigration database, and collect biometric data of all foreigners.
• Educational institutions mandated to report foreign students’ attendance, performance, and conduct to FRRO.
• Foreigners Tribunals (FTs), earlier unique to Assam, now have powers of a first-class judicial magistrate; capped at 3 members.
• Border forces (BSF, Assam Rifles, Coast Guard) empowered to prevent illegal entry, collect biometrics, and push back infiltrators.
• Exemptions extended to Nepalese, Bhutanese, Tibetans, registered Sri Lankan Tamil refugees (till Jan 9, 2015), and undocumented minorities from Afghanistan, Bangladesh, and Pakistan entering before Dec 31, 2024.

Detailed Insights:

• Rationale for the Act:
  • Avoid multiplicity of colonial-era and fragmented immigration laws.
  • Centralize authority for visa, registration, deportation, and database management.
  • Adapt to contemporary realities like biometrics, cross-border migration, and national security concerns.
• Immigration and Foreigners Rules, 2025:
  • Institutionalizes BoI’s role with statutory backing.
  • Mandatory biometric recording for all foreigners.
  • Expands powers of civil authority to shut down premises linked to undesirable or illegal foreigners.
  • Defines “immigration officer” drawn from Intelligence Bureau.
• Immigration and Foreigners Order, 2025:
  • Extends FTs beyond Assam, giving them powers to detain and issue arrest warrants.
  • Provides review mechanism for ex-parte orders (within 30 days).
  • Legally recognizes push-back policy along porous borders, earlier done via executive orders.
• Exemption Order, 2025:
  • Balances humanitarian concerns with security by exempting specific groups.
  • Recognizes long-standing political sensitivity around Sri Lankan Tamils and minorities from neighboring countries.
  • Differentiates between temporary protection (LTVs for Afghan/Bangladeshi/Pakistani minorities) and permanent settlement issues (not extended to Sri Lankan Tamils).

Scientific/Technical Concepts Involved:

• Biometric Data: Use of unique physical/biological identifiers (fingerprints, iris scan, facial recognition) for identification of foreigners.
• Immigration Database: Centralized digital repository integrating entry/exit records, visa details, and biometric information for security and governance.
• Foreigners Tribunal (FT): Quasi-judicial body adjudicating citizenship/migrant status disputes.