Foreigners Tribunal in Assam can now order detention of illegal immigrants

The Home Ministry has empowered Foreigners Tribunals in Assam to directly order the detention of suspected illegal immigrants in a designated camp, a power that was earlier exercised through executive orders.

The Foreigners Tribunal is a quasi-judicial body that determines if an individual is an illegal immigrant or a foreigner in Assam.

So far, detention of non-citizens was done through executive orders.

The home ministry granted the power to Foreigners Tribunals through The Immigration and Foreigners Order, 2025.

The order, issued on September 2, replaces the Foreigners (Tribunal) Order, 1964, and empowers Foreigners Tribunals to issue a detention order if a person whose nationality has been contested fails to appear in person.

Initially, 11 Illegal Migrant Determination Tribunals 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.

Around 100 Foreigners Tribunals are currently operational in Assam.