In a significant move to modernize India’s immigration framework, the government has introduced the Immigration and Foreigners Bill, 2025, which aims to overhaul outdated colonial-era laws. Minister of State for Home Affairs, Nityanand Rai, tabled the bill in Parliament on Tuesday, outlining provisions that empower authorities to deny visas on national security grounds, restrict the movements of foreigners, and impose stringent penalties for violations.
A Landmark Overhaul of Immigration Laws
The proposed legislation seeks to replace multiple antiquated acts, including the Foreigners Act, 1946, Passport (Entry into India) Act, 1920, Registration of Foreigners Act, 1939, and Immigration (Carriers’ Liability) Act, 2000. With an emphasis on national security, the bill introduces strict measures for foreigners entering and residing in India.
Key Provisions of the Immigration and Foreigners Bill, 2025
The bill explicitly states that any foreign national posing a risk to India’s sovereignty, national security, or territorial integrity will be denied entry or stay. Additionally, it establishes a robust immigration control mechanism with the following key measures:
- Stronger Authority for Immigration Officers: Immigration officers will have defined roles and increased powers, including the authority to arrest without a warrant.
- Mandatory Visa and Passport Regulations: Foreigners must adhere to stringent visa requirements and present valid passports for entry.
- Compulsory Registration Upon Arrival: All foreign nationals must register with immigration authorities upon arrival.
Enhanced Restrictions and Tougher Penalties
The bill introduces several strict regulations, particularly concerning foreign nationals’ movement and documentation. It mandates reporting requirements for educational institutions, hospitals, and nursing homes regarding foreign visitors. Additionally, foreigners will face restrictions on name changes and access to protected areas.
The penalties for violations are severe:
- Unauthorized Entry: Entering India without a valid visa or passport could result in imprisonment of up to five years and a fine of ₹5 lakh.
- Document Forgery: Using forged documents may lead to imprisonment of two to seven years and fines ranging from ₹1 lakh to ₹10 lakh.
- Visa Violations and Overstaying: Violating visa conditions or overstaying can lead to up to three years in jail and a fine of ₹3 lakh.
- Carrier Liability: Transport carriers found carrying undocumented foreigners could be fined up to ₹5 lakh. Non-payment of fines may result in vehicle seizure.
- Denied Entry Responsibilities: If a foreigner is denied entry, the carrier must ensure their immediate removal from Indian territory.
The bill also prohibits individuals from leaving India if they are required by any authorized agency, further reinforcing national security measures.
Context and Global Comparisons
The bill gained traction following the deportation of Canadian national Brandon Joel Dewalt in February 2025. Dewalt was expelled for engaging in unauthorized religious activities in Assam while on an expired tourist visa, highlighting the need for stricter immigration enforcement.
Similar laws exist globally to safeguard national security:
- United States: The U.S. enforces strict visa revocations through the Catch and Revoke program, which uses AI tools to monitor foreign nationals suspected of supporting extremist activities.
- Hong Kong: In 2024, Hong Kong introduced a national security risk test for visa applicants, barring individuals deemed potential threats.
- Australia: Australia enforces detention policies for security-risk foreigners but limits indefinite detention based on a 2023 High Court ruling.
- Singapore: The Internal Security Act allows the indefinite detention of foreigners posing security threats, commonly applied in counter-terrorism cases.
- Gulf Cooperation Council (GCC) Nations: Countries like Saudi Arabia and Bahrain frequently deport foreigners deemed security threats without legal recourse.
Expert Opinions and Recommendations
Legal experts have weighed in on the bill’s impact. Ketan Mukhija, Senior Partner at Burgeon Law, views it as a necessary step toward securing India’s borders. “This bill modernizes immigration policies, strengthens national security, and introduces much-needed legal clarity. However, it must ensure a balance between enforcement and fairness,” he stated.
Mukhija further suggested that implementing a transparent appeal process for immigration decisions would prevent undue hardships on legitimate travelers.
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