Beyond CAA: India widens protection for migrants fleeing persecution, 2024 new relief cutoff

India’s Ministry of Home Affairs (MHA) has introduced new provisions under the Immigration and Foreigners (Exemption) Order, 2025, offering significant relief to minorities fleeing religious persecution in Pakistan, Afghanistan and Bangladesh.

According to the notification, Hindus, Sikhs, Buddhists, Jains, Parsis and Christians who entered India on or before December 31, 2024, without valid passports or with expired documents, will not face deportation.

This development marks a crucial shift in India’s immigration framework, widening the protective net beyond what was previously available under the Citizenship Amendment Act (CAA), 2019, which applied only to migrants who entered the country before December 31, 2014.

Broader scope than Citizenship Amendment Act

While the CAA created a pathway to Indian citizenship for persecuted minorities, its benefits were limited to those who arrived before 2014. The latest order does not guarantee citizenship but secures the right to stay for a larger group of migrants who arrived up to the end of 2024.

This provides immediate reassurance to thousands, especially Hindus from Pakistan, who crossed into India after 2014 and have lived under the threat of deportation.

But conditions apply

The exemption, however, comes with strict safeguards. Foreigners found guilty of serious crimes such as terrorism, espionage, rape, murder or human trafficking will not be eligible for protection under the order.

The same applies to those involved in drug trafficking, child abuse, cybercrime, or racketeering in counterfeit documents and cryptocurrency.

These restrictions underline the government’s intent to prevent misuse of the exemption and to safeguard national security.

Detention, deportation and carrier liability

The Immigration and Foreigners Act, 2025, which underpins the new order, also empowers state and Union Territory authorities to detain illegal immigrants until deportation.

Carriers transporting undocumented individuals are obligated to return them to their country of origin, though exceptions apply in cases involving forged documents that cannot be detected without expert analysis, stowaways, or aircraft diverted for reasons beyond carrier control.

Biometric data and surveillance

To strengthen oversight, the rules mandate biometric data collection for all foreigners applying for visas or registration as Overseas Citizens of India.

Border forces such as the Border Security Force BSF) and the Indian Coast Guard are tasked with capturing biometric and demographic details of illegal entrants before sending them back. This measure is expected to bolster surveillance and curb repeat attempts at unauthorised entry.

Employment and entry restrictions

The order also places restrictions on employment of foreign nationals in critical sectors such as power, water and petroleum. Special permission will now be required for foreigners undertaking mountaineering expeditions.

Conversely, exemptions remain for Indian defence personnel and their families, citizens of Nepal and Bhutan under specific conditions, Tibetan refugees with registration certificates, and registered Sri Lankan Tamil nationals who took shelter in India before January 9, 2015.

A balancing act

The Immigration and Foreigners (Exemption) Order, 2025 represents a balancing act between humanitarian protection and national security.

By extending relief to persecuted minorities from neighbouring countries, the Indian government has broadened its humanitarian outreach, while simultaneously tightening controls against criminal and unauthorised migration.

The order provides breathing space for vulnerable groups awaiting clarity on their long-term legal status, even as it leaves the question of citizenship unresolved.