Central Government Designates Civil Authorities Under Immigration and Foreigners Act, 2025

The Ministry of Home Affairs issued a significant notification, S.O. 3989(E), on September 1, 2025, formally designating the civil authorities responsible for implementing the provisions of the recently enacted Immigration and Foreigners Act, 2025. This instrument, a statutory order, was issued by the Central Government in pursuance of clause (c) of section 2 of the principal Act (Act 13 of 2025). The notification specifies that the Superintendent of Police of each District in the States and Union territories, or the Deputy Commissioner of Police as designated by the respective State Government or Union Territory Administration, will perform the crucial functions of the civil authority. These designated officers are tasked with exercising powers and duties under the Immigration and Foreigners Act, 2025, the Immigration and Foreigners Rules, 2025, and the Immigration and Foreigners Order, 2025, within their respective district jurisdictions. The notification came into force immediately upon its publication in the Official Gazette on September 1, 2025.

The issuance of this notification underscores the Central Government's intent to operationalize the Immigration and Foreigners Act, 2025, by establishing the necessary administrative framework for its enforcement. Prior to this designation, while the Act, Rules, and Order were in place, the specific individuals or offices responsible for acting as the "civil authority" were not explicitly identified, creating a statutory gap in implementation. This notification addresses that gap by clearly delineating the authorities responsible for managing immigration and foreigner-related matters at the district level. The policy rationale behind this move is to ensure effective oversight and regulation of foreign nationals and immigration processes across the country, providing a clear chain of command and accountability. The legislation provided: “In pursuance of clause (c) of section 2 of the Immigration and Foreigners Act, 2025 (13 of 2025), the Central Government hereby appoints the Superintendent of Police of each District of the States or the Union territories or the Deputy Commissioner of Police as specified by the State Government or the Union Territory Administration, as the case may be, to perform the functions of the civil authority under the said Act, the Immigration and Foreigners Rules, 2025 and the Immigration and Foreigners Order, 2025, within the jurisdiction of the District concerned.” This appointment empowers district-level police leadership to handle matters such as registration, surveillance, and regulation of foreigners, which are critical for national security and maintaining public order. By assigning these responsibilities to existing law enforcement structures, the notification aims to leverage established administrative machinery for efficient implementation of the new immigration framework.

Keywords: Immigration and Foreigners Act 2025, Civil Authority, Ministry of Home Affairs, Notification, Superintendent of Police, Deputy Commissioner of Police, Immigration Rules, Foreigners Order, India Geo Tags: India, Delhi District: Not Applicable