Immigration and Foreigners Bill 2025

Why in News?

Immigration and Foreigners Bill 2025: Recently, the central government introduced the Immigration and Foreigners Bill, 2025 in the Lok Sabha. This bill includes strict provisions related to the entry and stay of foreign nationals in India. The primary objective of this bill is to regulate illegal immigration and prevent infiltration.

Immigration and Foreigners Bill 2025 : Key Provisions

The Immigration and Foreigners Bill 2025 has been introduced to make laws related to immigration and foreign nationals in India. It includes provisions regarding the entry, registration, residence, and deportation of foreign nationals.

• Mandatory Registration and Restrictions for Foreign Nationals
  • Every foreign national must register upon arrival in India.
  • Strict monitoring will be imposed if a foreign national enters restricted or protected areas.
  • There will be strict regulations on name changes and movement.
  • Every individual must self-certify that they are not a foreign national; otherwise, legal action will be taken.
  • The Foreigners Regional Registration Officer (FRRO) will now mandate registration for foreign nationals of Indian origin on visas exceeding 180 days.
• Repeal of Four Existing Laws: With the implementation of this bill, four existing laws will be repealed:
  • Foreigners Act, 1946
  • Passport (Entry into India) Act, 1920
  • Registration of Foreigners Act, 1939
  • Immigration (Carriers’ Liability) Act, 2000
• Strict Penalties for Illegal Entry and Visa Violations
  • Entering India without a valid passport or visa will result in imprisonment of up to 5 years and a fine of up to ₹5 lakh.
  • Using forged documents for entry, residence, or departure will lead to imprisonment of 2 to 7 years and a fine ranging from ₹1 lakh to ₹10 lakh.
  • Violating visa conditions, overstaying, or entering restricted areas will result in imprisonment of up to 3 years and a fine of up to ₹3 lakh.
• Responsibilities and Penalties for Carriers (Transport Operators)
  • Any airline, ship, or bus bringing a foreign national without valid documents will be fined up to ₹5 lakh.
  • If the fine is not paid, the vehicle or transport mode may be seized.
  • Any foreign national denied entry to India must be deported by the carrier at their own expense.
  • Educational institutions, universities, hospitals, and nursing homes must report the presence of foreign nationals within their premises to the registration officer.
• Arrest and Government Control
  • Immigration officers will have the authority to arrest without a warrant.
  • The central government will have the power to control the movement, entry, and stay of foreign nationals in India.
  • Foreign nationals will be required to leave India at their own expense and provide biometric data.
• Reforms in Citizenship and Visa Regulations
  • The Bureau of Immigration (BoI), established in 1971 under the Ministry of Home Affairs, will now streamline electronic visa issuance and record-keeping for foreign nationals.
  • Amendments will be made to the Citizenship Act, 1955, to redefine the rules for granting Overseas Citizen of India (OCI) status.

Why is the Immigration and Foreigners Bill, 2025 Necessary?

• Outdated Laws: Currently, four different laws govern immigration and foreign nationals in India. Three of these laws were enacted before the Indian Constitution came into effect and were designed to address World War-era situations. These laws lack provisions for modern security technologies and digital identification systems, making enforcement difficult.
• Addressing Illegal Immigration: Illegal immigration has serious implications for national security, demographics, and internal stability. Border infiltration, entry through forged documents, and illegal activities by foreign nationals necessitate stricter laws.
• Global Immigration Policies: Many countries are tightening their immigration laws and implementing digital monitoring systems. India also needs biometric data collection, digital visa tracking, and online registration systems, which are missing in existing laws.
• Integrated Management System: Currently, various government agencies maintain separate records for foreign nationals and immigrants. This lack of coordination leads to delays and inefficiencies. A unified system under the new bill will ensure better data integration and management.

Objective of Immigration and Foreigners Bill, 2025

• Strengthening National Security: Monitoring the activities of foreign nationals and controlling illegal immigration are crucial for national security. This bill aims to prevent illegal entry, use of forged documents, and visa violations through stricter penalties and enhanced surveillance mechanisms. It will help curb activities such as terrorism, human trafficking, and organized crime.
• Eliminating Outdated Laws: India had four separate laws governing immigration and foreign nationals, but these laws had become outdated and inconsistent. Through this bill, the government will repeal the Foreigners Act, 1946, Passport (Entry into India) Act, 1920, Registration of Foreigners Act, 1939 and Immigration (Carriers’ Liability) Act, 2000 acts and introduce a unified and efficient legal framework.
• Strengthening the Immigration Process: There was a need to make the rules for entry, residence, registration, and exit of foreign nationals more streamlined and transparent. This bill will integrate modern technology into visa provisions, travel documents (passport, permits, etc.), and reporting mechanisms, ensuring better management of foreign nationals’ records.
• Establishing a Secure Immigration System: The bill aligns India’s immigration system with global standards by incorporating digital surveillance, biometric data collection, and centralized database management. This will enhance coordination among government agencies and make monitoring foreign nationals more efficient.

Key Laws Related to the Entry and Registration of Foreign Nationals in India

• Passport (Entry into India) Act, 1920
  • This act made it mandatory for every individual entering India to possess a valid passport.
  • It granted the government the authority to deny entry or deport individuals without proper travel documents.
  • This law was enacted to ensure border security and prevent illegal immigration.
• Foreigners Act, 1946
  • This act replaced the Foreigners Act, 1940, creating a comprehensive legal framework to regulate foreign nationals residing in India.
  • It gave the government powers to take strict action against illegal immigrants, including the use of force and establishment of tribunals if necessary.
  • A key feature of this law is the “burden of proof” principle, which places the responsibility of proving citizenship on the individual rather than the government. This provision has been upheld by the Supreme Court’s Constitution Bench.
• Registration of Foreigners Act, 1939
  • Under this law, all foreign nationals (except Overseas Citizens of India – OCI) must register within 14 days of arrival in India.
  • Foreign nationals with a visa duration exceeding 180 days are required to report to the registration officer.
  • Pakistani nationals are subject to special provisions, requiring them to register within 24 hours of arrival, regardless of their intended duration of stay.
  • The Foreigners Regional Registration Office (FRRO) is responsible for enforcing this act, ensuring proper monitoring of foreign nationals entering India.

Challenges Related to the Immigration and Foreigners Bill, 2025

• Concerns Over Human Rights: The bill introduces stricter deportation policies, which may adversely impact long-term foreign residents, refugees, and asylum seekers in India. Human rights organizations fear that if due process and humane treatment are not ensured during deportation, the bill could become controversial. 
• Impact on Universities and Medical Institutions: The new mandatory reporting requirements could create administrative burdens for universities in admitting and monitoring international students. Similarly, the medical sector may face challenges in handling medical tourism, as foreign patients could be subjected to stricter regulations and bureaucratic hurdles. 
• Enforcement Challenges: The bill’s success depends on the government’s ability to establish effective coordination between various agencies. Immigration officers, airlines, universities, security agencies, and other institutions need to work together seamlessly. Lack of transparency in the monitoring system may lead to arbitrary arrests, corruption, and administrative inefficiencies. 

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