What is the Immigration and Foreigners Bill? Check Key Details Here

The Immigration and Foreigners Bill, 2025, which was recently put before the Lok Sabha, represents a substantial reshaping of India's immigration regime. The bill is intended to enhance national security, make immigration processes more efficient, and provide stronger penalties for contraventions. It aims to replace four colonial laws with an up-to-date, integrated regime for managing foreigners in India.

Background and Objectives

The existing Indian immigration laws have their roots in pre-independence legislation, namely the Passport (Entry into India) Act, 1920, the Registration of Foreigners Act, 1939, the Foreigners Act, 1946, and the Immigration (Carriers' Liability) Act, 2000. These legislations were passed under exceptional circumstances like the First and Second World Wars, and contain overlapping provisions warranting a harmonized legislation. The Immigration and Foreigners Bill, 2025, resolves these problems by establishing one, contemporary legal framework.

Key Provisions

Creation of the Bureau of Immigration: The bill suggests the establishment of a Bureau of Immigration, which will oversee the entry and departure of foreigners. The bureau will be led by a Commissioner and supported by different immigration officers.

Registration and Reporting Obligations: Foreigners have to register upon entering India. Educational institutions, hospitals, and other organizations that accept foreigners have to report the information to the immigration authorities.

• National Security Actions: The bill gives the government the authority to refuse entry or permission to remain to any foreigner who is a threat to national security, sovereignty, or integrity.
• Entry and Stay Regulations: All foreigners should have valid passports and visas for entry and exit. Carriers have to ensure that passengers carry correct documentation, or they can be fined as well as face transport seizure.
• Penalties for Violations: The bill proposes stricter punishment for violations:
• Arrival without proper documents: Maximum five years in prison and/or a ₹5 lakh fine.
• Possession and use of counterfeit documents: Imprisonment for two to seven years and/or a ₹1 lakh to ₹10 lakh fine.
• Remaining in the country beyond visa term or in contravention of visa conditions: Three years' imprisonment and/or a ₹3 lakh fine.
• Powers of Immigration Officers: Immigration officers can arrest without a warrant if they believe that the foreigner is contravening immigration laws.

Criticism and Debate

The bill has come under fire for being too harsh in its measures and open to abuse of power by immigration officials. Opposition parties have contested that it tramples on constitutional provisions and human rights. The shift of burden from the state to individuals to establish their legality has also been a contentious issue.

The Immigration and Foreigners Bill, 2025, is a key move towards updating India's immigration law. Consolidating old laws and making rules more stringent, the government seeks to improve national security and make immigration procedures easier. Yet, the bill's impact on the rights of citizens and the likelihood of abuse of power are crucial issues of debate. As the bill moves through Parliament, these issues will likely be at the forefront of debates and amendments.