Assam’s Foreigners Tribunal Granted Power to Detain Illegal Immigrants

The Home Ministry of India has recently granted enhanced powers to Foreigners Tribunals in Assam, allowing them to directly order the detention of suspected illegal immigrants in designated camps. This represents a significant shift in procedure, as previously such detentions were carried out only through executive orders issued by administrative authorities. The move is part of the government’s broader efforts to streamline the process of identifying and detaining non-citizens whose presence in Assam is under legal scrutiny.

Foreigners Tribunals are quasi-judicial bodies established to determine the citizenship status of individuals in Assam. They play a critical role in distinguishing between citizens, illegal immigrants, and foreigners. Traditionally, the tribunals could only recommend actions, and the actual detention of individuals was executed via administrative directives. With the Home Ministry’s new decision, these tribunals are now empowered to issue detention orders themselves, giving them direct authority to act in cases where an individual is suspected of being an illegal immigrant.

This empowerment has been formalized through The Immigration and Foreigners Order, 2025, which was issued on September 2, 2025. The new order replaces the Foreigners (Tribunal) Order, 1964, which had governed the functioning of Foreigners Tribunals for decades. The 2025 order explicitly allows tribunals to issue detention orders if an individual whose nationality is being contested fails to appear in person before the tribunal. This procedural change is aimed at expediting the process and reducing delays that have historically affected cases involving illegal immigrants in Assam.

The history of tribunals in Assam dates back to the establishment of the Illegal Migrant Determination Tribunals (IMDT) Act, 1983, under which 11 tribunals were initially set up. These tribunals were designed to identify and determine cases of illegal migration in the state. However, the IMDT Act faced legal challenges and was eventually scrapped by the Supreme Court in 2005, leading to the conversion of the initial tribunals into the modern Foreigners Tribunals. Over the years, these tribunals have become a central mechanism in Assam for resolving disputes over citizenship and dealing with suspected illegal immigrants, especially in the context of the National Register of Citizens (NRC) exercise and other migration-related issues.

Currently, there are around 100 operational Foreigners Tribunals across Assam. These tribunals handle cases where an individual’s citizenship is in question, evaluating evidence and determining whether the person is a legal resident or an illegal immigrant. The tribunals’ decisions have direct legal implications, and with the new powers conferred under the 2025 order, they can now independently order the detention of individuals pending further legal proceedings. This enhancement is expected to improve the efficiency of the legal and administrative process in managing immigration-related issues in Assam.

The Home Ministry’s move reflects the government’s emphasis on strengthening legal mechanisms for addressing illegal immigration while maintaining the quasi-judicial independence of the tribunals. By granting tribunals the authority to issue detention orders, the Ministry aims to reduce reliance on executive interventions, minimize delays in enforcement, and ensure that suspected illegal immigrants can be detained in a timely manner. The 2025 order, therefore, represents both a procedural and structural reform in the functioning of Assam’s Foreigners Tribunals, reinforcing their role as a key instrument in managing the state’s complex immigration challenges.