The Union government has directed all states and Union Territories to establish detention centres to restrict the movement of undocumented migrants until they are deported.
The directions came through the Immigration and Foreigners Order, 2025, issued by the Ministry of Home Affairs on Monday. The order was framed under the Immigration and Foreigners Act, 2025, which replaced older laws, including 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, both the Centre and states must take steps to “detect illegal migrants in India” from time to time. This includes examining foreigners, inspecting transport vehicles, and checking premises if officials suspect the presence of undocumented migrants.
If found, such migrants will be restricted to a “holding centre or camp” until deportation.
The order also empowers foreign tribunals to summon people and issue arrest warrants if they fail to appear. While the order applies nationwide, such tribunals currently operate only in Assam, where they determine citizenship status based on lineage and the 1971 cut-off date.
In other states, undocumented migrants are produced before courts. The tribunals in Assam have faced criticism in the past for alleged arbitrariness and errors in declaring people foreigners.
The home ministry also clarified that individuals may be stopped from leaving India if required by courts, or if their departure could harm relations with a foreign country. The Bureau of Immigration will keep a list of such persons.
The order further laid out restrictions on employing foreigners in sensitive sectors. Without permission from civil authorities, foreigners cannot work in private companies dealing with power, water supply, or petroleum.
It also stated: “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.”