Ministry of Home Affairs notifies the Immigration and Foreigners Order, 2025, requiring states and UTs to create detention centres for undocumented migrants.
The order consolidates old laws, expands the powers of foreigners tribunals, and introduces restrictions on foreign employment in sensitive sectors.
The Union government has issued instructions to all states and Union Territories to set up detention centres “for the purpose of restricting the movement” of undocumented migrants until they are deported.
The directions were issued under the Immigration and Foreigners Order, 2025, notified by the Ministry of Home Affairs on Monday, Scroll.in reported. This order was passed by Parliament in April, and stems from the Immigration and Foreigners Act, 2025.
The new law replaces the Passport (Entry into India) Act, 1920, the Registration of Foreigners Act, 1939, the Foreigners Act, 1946, and the Immigration Carriers’ Liability Act, 2000.
According to the order, the Centre and states are required to “take steps to detect illegal migrants in India” by examining foreigners, inspecting aircraft or other modes of transport, and searching premises if there is suspicion of undocumented travel. If such a person is identified, they “shall be imposed with restrictions on movement in a holding centre or camp”, while authorities are directed to take “appropriate steps” for deportation.
The order also grants foreigners tribunals the authority to summon individuals and issue arrest warrants in cases of non-compliance. At present, these tribunals operate only in Assam, while courts handle similar matters in other states.
On Monday, the Home Ministry added that individuals may be prevented from leaving India if their presence is required by a court or if their departure could “adversely affect relations with a foreign state”. The Bureau of Immigration will maintain a list of such persons.
The order also introduces fresh guidelines on employing foreigners. Without the permission of a civil authority, no foreign national can work in private undertakings dealing with power, water supply, or the petroleum sector. Moreover, “any undertaking in the private sector engaged in the field of defence, space technology, nuclear energy or human rights or any other sector as specified in this behalf, shall not employ any foreigner without prior permission of the Central government,” according to Scroll.in.
