At a time when the problem of illegal immigration is drawing global attention placing India in a precarious position in cooperating with the Donald Trump administration in the US to detect and deport the illegals back to the country, New Delhi seems to have taken a leaf out of the stringent laws by drafting its own immigration bill, which is being seen as the most stringent piece of legislation brought in the country so far.
The Immigration and Foreigners Bill 2025, which has kept a 'national security first' approach, gives the central government powers to regulate the entry and exit of foreigners—including regulations for visas, passports and other travel documents—and even deny the entry citing national security concerns.
At the moment, matters relating to foreigners and immigration are covered in four broad legislations—the Foreigners Act, 1946; the Immigration (Carriers Liability) Act, 2000, which makes carriers liable in respect of passengers brought by them into India in contravention of the Passport (entry into India) Act, 1920 and related rules. Besides these, two more laws—the Registration of Foreigners Act, 1939 and the Foreigners Act, 1939 take care of the legalities involved with passports and registration of foreigners in the country.
The government has argued that these laws are not only pre-Constitution but were also brought in keeping in mind the extraordinary times and the first and the second world wars. The idea is to repeal all the four Acts, and bring a new law which give continuity and commonality of objectives.
Government officials say the proposed legislation is needed to avoid multiple and overlapping laws on the same or related subjects and comply with its attempts to simplify laws in the country, for instance, the Bharatiya Nyaya Sanhita, India’s official criminal code which includes laws related to illegal migration.
While the opposition, led by the Congress and Trinamool Congress, is demanding the bill be sent to the joint parliamentary committee for further study, with many looking at it as one of the most stringent immigration systems being brought in the country, the Union home Ministry says the objectives are very clear.
The new Immigration and Foreigners Bill 2025, according to government officials, takes into account present-day challenges and threats to national security, sovereignty and integrity, as well as relations with foreign countries. It says no person proceeding from any place outside India shall enter or attempt to enter the country by air, water, or land unless he has a valid passport or other travel document. The same rules apply for exiting the country. Moreover, no person can leave or attempt to leave the country if his presence is required in India by any authorised agency or on such grounds as the central government may order.
The immigration officer has also been given powers to call for documents from persons who enter, transit or exit the country if he requires any information. The proposed bill leaves the overall supervision of visas and related matters solely with the central government.
#WATCH | Delhi | On the Immigration and Foreigners Bill, 2025, Congress MP Manish Tewari says, "It violates the fundamental tenants or fundamental rights going across the spectrum...There are serious problems with this bill, and that is why I had said that either the government… pic.twitter.com/A6z9CAxOdl
— ANI (@ANI) March 11, 2025
Under the proposed legislation, foreigners on arrival in India will be required to register with the registration officer concerned and comply with the authorities when there are restrictions imposed on their movements or regulations on their conduct by the relevant authorities. Universities and educational institutions admitting any foreigner will also be required to furnish information to the registration officer and similar steps will need to be followed by hospitals, nursing homes, lodging or sleeping facilities.
Stringent penalties can be applied to foreigners or carriers who are found flouting the law. For instance, any foreigner entering India illegally can face a jail term of up to five years and anyone supplying or using forged or fraudulently obtained documents can be jailed for two to seven years. The overstaying foreigners, whose documents are not valid, can face a jail term of up to three years.
There are powers given to police officers not below the rank of a head constable to enforce the law and rules will be framed by the government for smooth implementation of the law.
The passage of the proposed bill may not be a smooth ride in Parliament at this stage as provisions related to movements of foreigners, powers given to civil authority to control places frequented by them, liabilities and obligations of carriers, educational and medical institutions, and powers of the central government for their removal are new steps that may require more debate and discussion.
However, with the proposed legislation, one thing is clear that the government is keen not just to address the long-standing problem of overstaying foreigners who have been going undetected over years, but also to walk the talk on its concerns of border control to prevent illegal migration.
