The Union home ministry, through an order issued on Monday, has given powers to the foreigners tribunal (FTs) to send a suspected foreigner national in a holding centre.
The order is part of recently passed Immigration and Foreigners Act, 2025, which came into effect on Monday itself. The ministry has issued multiple orders pertaining to stay, entry and exit of foreigners as well as describing powers of various authorities under the new legislation.
The Foreigners Tribunal, a quasi-judicial body that determines if an individual is an illegal immigrant or a foreigner in Assam, has been given the power of detention of a suspected citizen in a designated camp, according to the order.
So far, detention of an illegal immigrant was done through executive orders.
The home ministry issued an order in this effect through the just implemented The Immigration and Foreigners Order, 2025.
This order replaces the Foreigners (Tribunal) Order, 1964 and empowers foreigners tribunals to issue detention orders if a person whose nationality has been contested fails to appear in person.
The order stated that the FTs “shall have the powers of a civil court while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) and the powers of a judicial magistrate of the first class under the Bharatiya Nagarik Suraksha Sahita, 2023 (46 of 2023) in matters including - (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any document; (c) issuing commissions for the examination of any witness; (d) directing the proceedee to appear before it in person; (e) issuing a warrant of arrest against the proceedee, if he fails to appear before it.”
Initially, 11 illegal migrant determination tribunals (IMDT) were established in Assam and these were later converted into tribunals after the Supreme Court scrapped the Illegal Migrants (Determination by Tribunals) Act, 1983, in 2005.
{{/usCountry}}Initially, 11 illegal migrant determination tribunals (IMDT) were established in Assam and these were later converted into tribunals after the Supreme Court scrapped the Illegal Migrants (Determination by Tribunals) Act, 1983, in 2005.
{{/usCountry}}There are around 100 foreigners tribunals currently operational in Assam.