Source: Amnesty International –
On 1 September, the Government of India notified the Immigration and Foreigners Order, 2025, superseding the Registration of Foreigners (Exemption) Order, 1957, and the Immigration (Carriers’ Liability) Order, 2007. The Order has been issued under Section 3, 7 and 11 of the newly enacted Immigration and Foreigners Act 2025, which consolidates and replaces three colonial-era legislations, namely, the Passport Act, 1920; the Foreigners Act, 1946; the Registration of Foreigners Act, 1939; and the Immigration (Carriers’ Liability) Act, 2000. While the government has presented this as a modernization measure, Amnesty International is concerned that the new Order grants sweeping powers to authorities to restrict movement, censor expression, detain and deport individuals without safeguards, and expand the powers of biased foreigners’ tribunals. This undermines India’s obligations under international human rights law and represents a serious threat to the protection of human rights in the country.
Specifically, Section 5 of the Order empowers the government to prevent foreigners from leaving India on vague grounds such as “public interest” or potential harm to relations with a “foreign state.” The provision lacks clear definitions, judicial oversight, or procedural safeguards and fails the tests of necessity and proportionality required under international law. As such, these restrictions directly violate Article 12 of the International Covenant on Civil and Political Rights (ICCPR), to which India is a state party. India ratified the ICCPR in 1979, thereby committing to uphold human rights, including freedom of expression, movement, and association.
The Order further limits the right to work under Section 9 by requiring prior government approval for foreigners seeking employment in sectors such as defense, space, nuclear energy, and human rights. Although states may impose limited restrictions on employment of foreigners for legitimate security reasons, the arbitrary nature of this power risks excluding skilled professionals, human rights experts, and journalists. Treating human rights as potential security threats is inconsistent with the principles of freedom of expression and association protected under Articles 19 and 22 of the ICCPR.
In addition to curbing movement and employment, the Order in Section 10 introduces additional restrictions on freedom of expression by requiring foreigners to obtain prior approval before producing films or digital content in India. This framework grants the authorities broad discretion to deny permission, effectively silencing foreign journalists, filmmakers, and digital creators before their work begins. Such measures are inconsistent with Article 19 of the ICCPR, which requires that any restrictions on expression be precise, proportionate and subject to review – none of which are met here.
Further, Section 12 of the Order permits detention and deportation without due process, authorizing authorities to detain and deport individuals who do not possess valid documentation, regardless of their circumstances. Refugees and asylum-seekers such as the Rohingya people are at particular risk, as deportation may expose them to persecution and torture. These provisions violate the principle of non-refoulement, as well as Articles 6, 7 and 9 of the ICCPR, which guarantee the right to life, freedom from torture and ill-treatment, and protection from arbitrary detention.
In addition, Sections 16 to 20 of the Order further expand the powers of foreigners tribunals across India, granting these quasi-judicial bodies powers to issue arrest warrants and send individuals to detention centers. Amnesty International India has previously documented how, in Assam, such tribunals have declared Indian citizens as “foreigners” despite valid documentation, rendering individuals stateless and subject to indefinite detention. The new Order replicates this flawed system on a national scale, shifting the burden of proof onto individuals and removing meaningful avenues for appeal.
The Immigration and Foreigners Order, 2025 cannot be justified as legitimate measure for national security. Instead, it concentrates unchecked power in the hands of the state, enabling mass censorship, arbitrary detention, and deportations that contravene India’s international obligations. It creates an environment where journalists can be silenced, refugees face deportation to danger, and civil society organizations are unable to operate freely and effectively.
Amnesty International urges the Government of India to immediately repeal the Immigration and Foreigners Order, 2025. Any regulation of immigration must comply with the principles of legality, necessity, and proportionality, and include effective safeguards against abuse. The government must ensure that its laws and policies uphold the rights guaranteed under international human rights law and protect all individuals including foreigners, refugees, and human rights defenders from discrimination, censorship, and arbitrary detention.
The Government of India must reaffirm its commitment to human rights by ensuring transparency, accountability, and respect for freedom of movement and expression. The Immigration and Foreigners Order, 2025 represents a step away from these obligations and risks further eroding the country’s rule of law and rights-based fabric.