The notification gives expanded powers to the Foreigners Tribunal, allowing it to send any suspected illegal foreigner to a detention center, even if they claim to be Indian citizens. In such cases, the individual will not be allowed to present evidence or seek bail, and their detention will continue until the deportation process is complete.
The order also places a significant focus on Bangladeshi infiltrators, with operations already underway in several states to apprehend and expel individuals suspected of entering India illegally. However, these moves have sparked protests, particularly from political parties like the Trinamool Congress (TMC), which alleges that the new guidelines unfairly target Bengali-speaking people, accusing them of being disproportionately detained and pushed back to Bangladesh based solely on their language and ethnicity.
As part of the enforcement measures, the Union Home Ministry has directed all states and union territories to establish designated detention centers for undocumented immigrants. The new regulations require that foreign nationals provide biometric data when applying for an Indian visa, and impose restrictions on foreigners involved in serious criminal activities, including terrorism, human trafficking, and drug offenses.
The ministry’s order also tightens restrictions on foreign nationals in India. They are now required to obtain written permission from the government for activities like media production, mountaineering expeditions, and accessing restricted areas. Moreover, individuals from Afghanistan, China, and Pakistan are prohibited from visiting certain sensitive regions, including parts of Arunachal Pradesh, Mizoram, Nagaland, and other border states.
In a move to ensure tighter control over foreign nationals, the Home Ministry has also stated that individuals may be barred from leaving the country if they are under investigation, suffering from diseases that pose a public health risk, or if their departure could harm international relations. A new list will be maintained by the Bureau of Immigration to track foreign nationals who have been denied entry or permission to leave India.
The notification has sparked a heated political debate. While the BJP justifies the move as necessary to protect India’s borders, opposition parties, particularly in states like West Bengal, have criticized the policy as discriminatory. The TMC has accused the ruling party of using the issue of illegal immigration as a tool to target linguistic and ethnic minorities, claiming that it disproportionately affects the Bengali-speaking population.
As the Immigration and Foreigners Act begins to take effect, tensions are expected to escalate between the Centre and opposition-led state governments, particularly in regions where large numbers of Bengali speakers reside. The future of India’s immigration policy remains uncertain, as the government’s strict stance on undocumented immigrants continues to stir both support and opposition across the political spectrum.