The Bharatiya Janata Party (BJP)-led Union government introduced the Immigration and Foreigners Bill, 2025 in the Lok Sabha on Tuesday. The proposed legislation seeks to streamline various immigration-related services, including the entry, exit, and stay of foreigners in India.
Union Minister of State for Home Nityanand Rai, who introduced the Bill, stated that while India welcomes tourists, it is imperative to safeguard the country’s peace, sovereignty, and national security.
The Opposition has criticized the Bill, arguing that it violates constitutional provisions and fundamental rights.
Manish Tewari (Congress) contended that the Bill violates constitutional principles and could be misused to deny entry to individuals whose views do not align with the ruling government.
Saugata Roy (TMC) warned that the Bill could restrict the inflow of foreign talent, potentially affecting multiple sectors.
Asaduddin Owaisi (AIMIM) raised concerns that the Bill could lead to discriminatory targeting of specific communities.
Minister Rai defended the Bill, stating that it aims to eliminate overlapping provisions in existing laws and replace four colonial-era legislations: Foreigners Act, 1946; Passport (Entry into India) Act, 1920; Registration of Foreigners Act, 1939 and; Immigration (Carriers’ Liability) Act, 2000.
Key differences from existing laws
Stricter visa and entry regulations
The proposed law grants immigration officers greater authority, making their decisions final and binding regarding the entry or stay of foreigners. Any foreigner deemed a threat to national security, sovereignty, or foreign relations may be denied entry.
Mandatory registration and tracking
The Bill mandates that foreigners register upon arrival in India. A centralized tracking system for visas, entry, and exit will be implemented, ensuring stricter monitoring.
Institutional obligations
The law requires hospitals, universities, and employers to report details of foreign patients, students, and workers to the immigration authorities—a provision absent in current laws.
Heavier penalties for violations
Entering India without valid documents may result in up to five years imprisonment and a Rs 5 lakh fine.
Using forged documents could lead to two to seven years in jail, with fines ranging from Rs 1 lakh to Rs 10 lakh.
Overstaying or trespassing in restricted areas could attract three years imprisonment and a Rs 3 lakh fine.
Burden of proof on foreigners
Unlike existing laws, where the burden of proof often falls on the government, the proposed Bill shifts this responsibility to the individual, requiring them to prove their legal status.
Greater accountability for airlines and transporters
Transport carriers ferrying undocumented individuals will be held liable, with fines up to Rs 5 lakh. If a foreigner is denied entry, the carrier will be responsible for their immediate deportation.
Expanded powers for immigration officials
The bill authorizes District Magistrates, Police Commissioners, and Immigration Officers to arrest individuals without a warrant and enforce immigration regulations.
More powers to the centre
The central government will have the authority to:
· Regulate the entry and exit of individuals.
· Mandate passport or visa requirements.
· Oversee foreigners’ registration and movement within India.
Concerns over human rights and discrimination
Legal experts and human rights organizations have flagged potential risks, stating that the Bill could lead to:
· Profiling and discrimination against certain groups based on nationality or ethnicity.
· Excessive detention of individuals who may face delays in proving their legal status.
· Lack of judicial oversight in immigration officers’ decisions, raising accountability concerns.
With the Immigration and Foreigners Bill, 2025, the government seeks to modernize and consolidate immigration laws while addressing security concerns. However, opposition parties and rights activists warn of potential misuse, human rights violations, and constitutional conflicts. As debates continue in Parliament, the Bill is expected to undergo scrutiny before its final passage. (With PTI inputs)