The Immigration and Foreigners Bill, 2025: A Comprehensive Overview

Provisions of the Immigration and Foreigners Bill, 2025

The Immigration and Foreigners Bill, 2025 aims to streamline and strengthen laws related to the entry, stay, and exit of foreigners in India. This legislation replaces four existing laws:

• Passport (Entry into India) Act, 1920
• Registration of Foreigners Act, 1939
• Foreigners Act, 1946
• Immigration (Carriers’ Liability) Act, 2000

Key Provisions

• Mandatory Reporting: Hospitals, universities, and owners of private residences must inform authorities about foreigners staying on their premises.
• Carrier Responsibility: Airlines and shipping vessels must remove passengers denied entry and share passenger and crew data in advance.
• Police Powers: Authorities can arrest foreigners with invalid documents without a warrant.
• Stricter Penalties:
  • ₹5 lakh fine for entering India without a passport.
  • ₹10 lakh fine and up to 7 years in prison for using forged documents.
  • ₹3 lakh fine and up to 3 years in prison for overstaying visas.

Why the Bill Was Introduced

• National Security: The bill ensures better monitoring of foreign nationals, thereby reducing risks associated with illegal immigration, espionage, and terrorism.
• Streamlining Laws: By replacing outdated laws, the bill aims to ensure coherence and eliminate overlapping provisions.
• Regulating Foreign Influx: It enhances control over foreign students, medical tourists, and workers entering India.
• Aligning with Global Standards: The legislation implements stricter entry and exit mechanisms in line with international immigration laws.
• Fixing Accountability: It makes institutions and carriers responsible for providing foreigner-related data.

Critical Analysis

Merits

• Modernized Framework: The bill simplifies and updates India’s immigration laws to suit contemporary challenges.
• Enhanced Security: It allows authorities to track and manage foreign nationals more efficiently.
• Stronger Penalties: The deterrent fines and imprisonment provisions can help curb illegal immigration and misuse of visas.
• Institutional Accountability: The bill ensures hospitals, universities, and homeowners take responsibility for foreign guests.

Concerns

• Potential Human Rights Violations: Critics argue that the bill grants excessive powers to authorities, potentially leading to arbitrary arrests.
• Discretionary Powers: Allowing arrests without a warrant raises concerns about misuse and harassment.
• Burden on Institutions: Hospitals and universities may struggle with additional administrative responsibilities.
• Possible Impact on Tourism & Foreign Investment: Stringent provisions might discourage legitimate foreign visitors.
• Exclusionary Policy Allegations: Opposition parties argue that the bill could be used selectively to deny entry to certain groups.

“A nation’s security must balance vigilance with justice, ensuring laws protect without oppressing.”