Government to Unveil Immigration and Foreigners Bill 2025: Key Regulations for Foreigners in India

In a significant move to revamp India’s immigration system, the Modi government is expected to introduce the Immigration and Foreigners Bill in the Lok Sabha on March 11, 2025. This proposed legislation aims to modernize India's immigration framework by replacing outdated laws that no longer effectively address contemporary immigration and security challenges. The bill seeks to establish a comprehensive legal structure to regulate the entry, stay, and exit of foreigners in India.

(Image via HT)

The Immigration and Foreigners Bill 2025 will repeal and replace the Foreigners Act, 1946; the Passport (Entry into India) Act, 1920; the Registration of Foreigners Act, 1939; and the Immigration (Carriers’ Liability) Act, 2000. These older laws are being scrapped to eliminate redundancies and ensure a more streamlined legal framework.

Beyond simplifying immigration procedures, the proposed bill introduces stringent penalties for illegal immigration. Notably, it shifts the responsibility of proving legal status onto the immigrant rather than the state. As this legislation is poised to transform India’s immigration system, here are its key highlights.

Enhanced Immigration Powers and Entry Refusal Criteria in India

The bill mandates that no individual may enter India by air, water, or land without a valid passport and the necessary travel documents. Likewise, foreigners must possess a valid visa, and while in India, they are exempt under Section 33 or relevant intergovernmental agreements.

“No person proceeding from any place outside India shall enter age to enter, India by air, water or land unless he is in possession of a valid passport or other travel document, and in case of a foreigner, also a valid visa, and any foreigner while present in India shall also be required to possess valid passport or other valid travel document and valid visa, unless exempted under section 33 or through inter-governmental agreements,” the bill reads.

The Immigration and Foreigners Bill 2025 stipulates that no foreigner will be permitted to enter or remain in India if they are deemed a threat to the country's national security, integrity, or if their presence endangers India's relations with other nations, public health, or other critical factors. In such instances, the Immigration Officer's decision will be conclusive and binding.

“Provided that notwithstanding anything contained in this sub-section, no foreigner shall be allowed to enter into or stay in India, if he is found inadmissible to do so on account of the threat to national security, sovereignty and integrity of India, relations with a foreign State or public health or on such other grounds as the Central Government may, specify in this behalf Provided further that the decision of the Immigration Officer in this regard shall be final and binding,” the bill reads.

The bill also stipulates that individuals cannot leave India without a valid passport and other necessary travel documents. Additionally, foreigners must possess a valid visa to depart.

“Notwithstanding anything contained in section 3 of the Passports Act, 1967, no person shall depart or attempt to depart from India by air, water or land unless he is in possession of a valid passport or other travel document and in case of a foreigner, also a valid visa,” the bill states.

It also states that no individual will be permitted to leave India if their presence is required by the country’s authorized agencies or for reasons specified by the Central government. In such cases, the decision of the Immigration Officer will be final and binding.

“Provided that notwithstanding anything contained in this sub-section, no person shall be allowed to depart or exit from India, if his presence is required in India by any authorised agency or on such grounds as the Central Government may by order, specify in this behalf,” the bill reads.

Although a Bureau of Immigration already exists, the new bill grants enhanced authority and legal support to Immigration Officers. They are empowered to inspect the passport, visa, or other travel documents of a foreign national upon entry, during transit, while staying, or moving within India. Additionally, they may request any necessary or relevant information. The bill also authorizes Immigration Officers to verify passports or travel documents reported as lost, stolen, damaged, forged, or fraudulently obtained, as well as those flagged by the passport-issuing authority.

Moreover, the bill states that all visa-related matters will be handled by the Central Government.

Immigration and Foreigners Bill 2025: Individuals Must Prove Legal Status, Carriers Held Liable

The bill mandates that institutions such as universities, hospitals, and nursing homes accommodating foreign nationals, including students and patients, must report their details to designated registration officers. This measure aims to enhance the tracking of foreign nationals in India while ensuring greater accountability.

Additionally, the bill shifts the responsibility to individuals to prove their legal status in India, departing from the traditional approach where the State had to establish illegality. This change is intended to streamline the deportation process for illegal immigrants, including Rohingya and Bangladeshi Muslims.

To curb illegal immigration and strengthen border control, the bill reportedly imposes penalties on airlines and other transport carriers for facilitating the entry of illegal immigrants into India.

Harsher Penalties for Immigration Law Violations

The Immigration and Foreigners Bill 2025 introduces stricter penalties to address legal violations. According to the bill, foreign nationals entering India without valid passports or visas may face up to five years in prison and fines of up to Rs 5 lakh. Those caught using forged travel documents could receive a minimum of two years and up to seven years of imprisonment, along with fines ranging from Rs 1 lakh to Rs 10 lakh. These stringent measures aim to curb illegal immigration and prevent the misuse of fraudulent documents for unlawful stays, particularly in cases involving Bangladeshi nationals.

Additionally, the bill reportedly mandates a three-year prison term and a Rs 3 lakh fine for individuals overstaying their visas.

The Immigration and Foreigners Bill 2025: Addressing India's Immigration Challenges

The proposed bill, if enacted, would introduce India's most stringent immigration system to date, strengthening the central government's control over the entry, stay, and departure of foreign nationals. Crucially, it would support the government's efforts to address the illegal infiltration of Rohingyas and Bangladeshis through porous borders shared with Myanmar, Bangladesh, and Nepal, and expedite their deportation.

India faces complex challenges stemming from its geographic location, porous borders, and socio-political dynamics.

According to the latest UNHCR data as of December 31, around 95,600 Rohingyas, who fled persecution in Myanmar, are currently living in India. This includes 22,500 refugees and asylum seekers considered stateless by the United Nations. The majority of Rohingya Muslims, over a million, who fled Myanmar, reside in Bangladesh, where they are supported by international aid. These stateless refugees pose a security threat to India, despite the ongoing efforts by some political groups to downplay the involvement of this community in criminal activities. Rohingya refugee camps are frequently suspected of being breeding grounds for radicalization and terrorism. Rohingyas have been arrested in the past for crimes such as human trafficking and involvement in dacoities.

Similarly, the illegal influx of Bangladeshi immigrants into India's border states has become a serious national security and demographic concern. One of the biggest hurdles in identifying and deporting these immigrants is proving their nationality. Many have lived in India for years or even decades, obtaining fraudulent Aadhar cards and other documents. These immigrants have integrated into local communities and received support from political parties that cater to Muslim interests. The increased penalties and stricter provisions in the new bill could discourage illegal crossings and punish those found with forged documents. It may also disrupt the network of individuals facilitating the stay of illegal immigrants through the provision of fake documents or involvement in illegal activities such as smuggling, narcotics trafficking, and human trafficking.

The harsh penalties proposed in the Immigration and Foreigners Bill 2025 for illegal entry and document fraud aim to deter individuals from attempting to enter India illegally or obtain fake identities. The potential risk of imprisonment and significant fines would outweigh the perceived benefits of illegal immigration. Strict enforcement of the bill could help reduce the illegal influx of both Bangladeshi Muslims and Rohingyas.

The bill also shifts the burden of proof regarding legal status onto immigrants and grants immigration officers more authority, streamlining the deportation process. With stronger enforcement and cooperation from origin countries, including Myanmar—which does not recognize Rohingyas as citizens—India may be better positioned to negotiate repatriation agreements with these nations, overcoming judicial delays and other challenges.

(This Article was originally published by OpIndia)