In a major attempt to overhaul India’s immigration system, the Modi government is likely to introduce the Immigration and Foreigners Bill in the Lok Sabha on 11th March 2025. This proposed legislation aims to bolster India’s immigration framework by replacing the outdated laws which are no longer sufficient to address contemporary immigration and related security challenges. The Immigration and Foreigners Bill 2025 seeks to create a comprehensive legal structure to regulate the entry, stay and exit of foreigners in India.
The Immigration and Foreigners Bill 2025 repeals and replaces the Foreigners Act, 1946; Passport (Entry into India) Act, 1920; Registration of Foreigners Act, 1939; and Immigration (Carriers’ Liability) Act, 2000. These old laws are being repealed to prevent overlapping with the new legislation.
Besides streamlining immigration procedures, the proposed legislation aims to impose heavy penalties on illegal immigrants. Most importantly, the bill shifts the burden of proving legal status on the immigrant rather than the state. As the Immigration and Foreigners Bill 2025 is set to transform India’s immigration system, here are the key highlights of the proposed legislation.
Grounds for refusal to entry in India, increased powers for Immigration Officers
The bill states that no individual shall be allowed to enter India via air, water or land without a valid passport and other travel documents. Similarly, foreigners would be required to have valid visa and while staying in India, they (foreigners) are exempted under section 33 or 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 further provides that no foreigner would be allowed to enter and stay in India if he is found to be a threat to India’s national security and integrity or jeopardises India’s relations with foreign states, public health, etc. In these cases, the decision of the Immigration Officer will be final 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 states that no one would be allowed to depart from India without having a valid passport and other travel documents and in case of foreigners, the possession of a valid visa would be required.
“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 further mentions that no person would be allowed to leave India if his presence is required by the country’s authorised agencies or on grounds the Central government specifies. In this regard as well, the decision of the Immigration Officer would 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.
While there already is a Bureau of Immigration, the new bill provides increased powers and legal backing to the Immigration Officers who may examine the passport or other travel documents and visa of a foreigner during his entry into transit through, stay in movement within India and also require him to furnish such information as may be necessary and appropriate. Moreover, the Immigration Officer may also check a passport or other travel document of any person which has been declared as lost or stolen or considered as damaged or forged or fraudulently obtained or on the direction of the passport issuing authority.
Furthermore, the bill mentions that all the visa and related matters will be dealt with by the Central Government.
Immigration and Foreigners Bill 2025 places the burden of proving legal status on individuals and imposes carrier liability
The bill provides that institutions including universities, hospitals, nursing homes etc hosting foreign nationals like students or patients will be required to report their details to designated registration officers. This would improve the tracking of foreign nationals in India while enhancing accountability.
Moreover, the bill places the onus on individuals to prove their legal status in India, reversing the traditional challenging approach wherein the State had established illegality. This would essentially streamline deportation processes for illegal immigrants like Rohingya and Bangladeshi Muslims.
To prevent the influx of illegal immigrants into India and reinforce border control measures, the bill reportedly says that airlines and other transport carriers will face penalties for bringing illegal immigrants into India.
Stricter penalties for violation of immigration laws
The Immigration and Foreigners Bill 2025 proposes much-needed stricter penalties for violation of laws. The bill states that foreign nationals entering India without valid passports or visas could face up to five years of incarceration and fines up to Rs 5 lakh. For those using forged travel documents, the penalties escalate to a minimum of two years and up to seven years in prison alongside fines ranging from Rs 1 lakh to Rs 10 lakh. These measures would deter illegal immigration and the use of fraudulent means to obtain documents for illegal stay in India as seen in the case of Bangladeshi illegals.
In addition, the bill reportedly includes a provision of three years imprisonment and a Rs 3 lakh fine for overstaying the visa period.
How the Immigration and Foreigners Bill 2025 can help India tackle immigration-related challenges
The bill, if passed, would establish India’s strictest-ever immigration system, reinforcing the Central government’s control over the entry, stay and departure of foreign nationals. Most importantly, the bill would aid the Centre’s efforts to tackle the menace of illegal infiltration of Rohingyas and Bangladeshis from the porous borders it shares with Myanmar, Bangladesh and Nepal as well as expedite their deportation.
India faces multifaceted challenges rooted in its geographical position, porous borders, and socio-political dynamics.
As per the latest data as of 31 December by UNHCR, around 95,600 Rohingyas are living in India who fled after facing persecution in Myanmar. This includes 22,500 refugees and asylum seekers considered stateless by the United Nations High Commissioner for Refugees. The majority of Rohingya Muslims, over 10 lakh, who fled Myanmar reside in Bangladesh, and they are supported by international aid agencies. These stateless refugees pose a security threat to India contrary to the Islamo-leftist cabal’s constant efforts at whitewashing the involvement of the members of this community in criminal activities. Rohingya refugee camps have been strongly suspected to be breeding grounds for radicalization and terror activities. Rohingyas have been arrested in the past for involvement in human trafficking. They have been arrested for involvement in dacoities.
Similarly, the influx of illegal Bangladeshi immigrants into the bordering states of India has been a threat to the country’s national security and demography. One of the biggest obstacles in identifying and deporting Bangladeshi illegal immigrants is proving their nationality. This is because the illegal immigrants who have been staying in India for many years and decades have obtained bogus Aadhar Cards and other documents. These illegal immigrants have integrated into local communities and even received support from Muslim-appeasing political parties. The enhanced penalties and stricter rules in the new Bill, may deter such illegal crossings and punish those caught with forged documents, disrupting the ecosystem of those facilitating the stay of illegal immigrants by providing forged documents in exchange for money or carrying out other illegal activities like smuggling or narcotics and human trafficking.
The harsh penalties for illegal entry and document fraud proposed in the Immigration and Foreigners Bill 2025 aim to dissuade those planning to enter India illegally and procure fake identities as the risk of imprisonment and penalties would outweigh the supposed benefits of illegal immigration. A strict implementation of this bill, if passed, may reduce the illegal infiltration of Bangladeshi Muslims and Rohingyas.
As the bill includes provisions shifting the burden of proving legal status on immigrants and empowering immigration officers, the deportation process would become more streamlined. If the Indian government ramps up enforcement, the challenges including judicial delays and lack of cooperation from origin countries like Myanmar which does not recognise Rohingyas as its citizens, India would be in a better position to pressure origin countries into entering repatriation agreements.
