Detention and Deportation of Illegal Foreigners

The Ministry of Home Affairs (MHA) has issued a directive to all state governments and Union Territories to establish dedicated holding centers or detention camps. These are intended to restrict the movement of illegal foreigners until their deportation.

Foreigners Tribunal

• The Central government, state governments, Union Territory administrations, or district authorities can refer the question of an individual's foreigner status to a Foreigners Tribunal.
• The Tribunal is comprised of up to three members with judicial experience, appointed by the Central government.
• If an individual cannot prove their claim of not being a foreigner and cannot obtain bail, they will be detained in a holding center.

Restrictions on Foreigners

• Foreigners convicted of serious charges may be refused entry or stay in India.
• Climbing or attempting to climb mountain peaks in India requires permission from the Central government.
• Foreigners with valid employment visas must obtain permission from civil authorities to work in specific sectors, such as power, water, petroleum, defense, space technology, nuclear energy, or human rights.

Entry Exemptions

• Citizens of Nepal and Bhutan entering India by land or air do not need to furnish a passport and visa, with exceptions for entry from certain countries.
• Tibetans who registered with the concerned registration officers and entered India after 1959 but before May 30, 2003, are also exempted.

Exemptions for Religious Persecution

Individuals from minority communities in Afghanistan, Bangladesh, and Pakistan, such as Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians, who entered India due to religious persecution on or before December 31, 2024, are exempted, regardless of their documentation status.