Immigration and Foreigners Bill 2025

February 17, 2025

The Immigration and Foreigners Bill 2025 is legislative proposal by the Union Ministry of Home Affairs in India. Set to be introduced during the Budget session starting March 10, 2025, this Bill aims to consolidate and modernise immigration laws. It seeks to repeal four outdated laws governing immigration and foreigners in India. These existing laws date back to the early 20th century and were created during extraordinary circumstances such as the World Wars. The new Bill aims to streamline processes and address current challenges related to immigration.

Objectives of the Bill

The Bill aims to provide a comprehensive legal framework for immigration.
It seeks to eliminate overlapping provisions from previous laws.
A major objective is to ensure clarity in the roles of immigration officers and the Bureau of Immigration.
The Bill also addresses the requirements for passports and visas, making it easier for both authorities and foreigners to understand their obligations.

Structure of the Bill

The Bill comprises six chapters and 35 clauses.
It defines the responsibilities of immigration officers and outlines the registration process for foreigners.
The Bill mandates that educational institutions and medical facilities accept foreign nationals, establishing clear responsibilities that were previously undefined.

Entry and Stay Provisions

The Bill introduces strict criteria for the entry and stay of foreigners.
It includes provisions to deny entry based on threats to national security or public health.
The decision of the immigration officer will be final.
This marks a shift towards more explicit legal grounds for denying entry, thereby reducing ambiguity in previous practices.

Penal Provisions

The Bill imposes stringent penalties for immigration violations.
Entering India without valid documentation can result in imprisonment of up to five years or fines up to ₹5 lakh.
Other violations, such as overstaying a visa or using forged documents, carry severe penalties as well, with imprisonment terms extending up to seven years.

Role of State Governments

State governments will play important role in the detection and deportation of undocumented migrants. The Bill empowers state police to take action against illegal immigrants. This decentralisation aims to enhance efficiency in managing immigration issues at the state level.

Detention and Supervision

The term ‘detention centres’ is avoided in the Bill. Instead, it refers to places where foreigners under supervision must reside. These locations will have specific regulations to ensure discipline and order. The Bill allows states to establish facilities for foreigners awaiting deportation.

Tracking Foreigners

The Bill introduces mechanisms for tracking the movement of foreigners. States are encouraged to identify individuals who overstay their visas. The Ministry of Home Affairs has operationalised a Foreigners Identification Portal to assist in identifying illegal migrants and preventing them from obtaining official documents fraudulently.

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