On March 11, 2025, the Modi government introduced the Immigration and Foreigners Bill 2025 in the Lok Sabha, aiming to modernize India’s immigration framework. This comprehensive legislation seeks to replace outdated laws, including the Foreigners Act of 1946, Passport (Entry into India) Act of 1920, Registration of Foreigners Act of 1939, and Immigration (Carriers’ Liability) Act of 2000. The bill is designed to strengthen national security, streamline immigration processes, and tackle illegal immigration effectively.
Key Provisions of the Immigration and Foreigners Bill 2025
1. Stringent Entry and Exit Regulations
The bill mandates that all individuals entering India must possess valid passports, and foreigners must also have valid visas. Similarly, no person may leave India without proper documentation. Immigration Officers are empowered to make final and binding decisions on matters of entry and exit, ensuring tighter border control.
2. Enhanced Authority for Immigration Officers
Immigration officers will have expanded powers to examine travel documents at any stage of a foreigner’s entry, transit, stay, or movement within India. They will also be authorized to inspect passports reported as lost, stolen, damaged, forged, or fraudulently obtained.
3. Institutional Reporting for Foreign Nationals
Educational institutions, hospitals, and other organizations hosting foreign nationals will be required to report their details to designated registration officers. This measure aims to improve monitoring and accountability of foreigners residing in India.
4. Burden of Proof on Immigrants
The bill shifts the responsibility of proving legal status onto the individuals themselves. This provision is expected to facilitate the swift identification and deportation of illegal immigrants.
5. Carrier Liability to Prevent Illegal Entry
Transport carriers, including airlines and shipping companies, will face penalties if they bring unauthorized individuals into India. This measure is intended to deter carriers from facilitating illegal immigration.
6. Stricter Penalties for Violations
Foreign nationals who enter India without valid documents could face imprisonment of up to five years and fines of up to ₹5 lakh. Those caught using forged travel documents may face two to seven years in prison, along with fines ranging from ₹1 lakh to ₹10 lakh. Overstaying a visa could result in three years of imprisonment and a ₹3 lakh fine.
Addressing the Challenge of Illegal Immigration
India has long struggled with illegal immigration, particularly from neighboring countries. Estimates suggest that millions of undocumented immigrants reside in India, with at least 10 million originating from Bangladesh.
During the Bangladesh Liberation War of 1971, approximately 10 million Bangladeshis crossed into India seeking refuge. The porous borders, particularly with Bangladesh, have since enabled a steady influx of unauthorized immigrants. For example:
- Murshidabad district shares a 125.35 km international border with Bangladesh, with 42.35 km on land and the remainder being riverine, making surveillance challenging.
- North 24 Parganas district has a 352 km long border with Bangladesh, with significant unfenced sections, leading to frequent reports of infiltration.
The introduction of the Immigration and Foreigners Bill 2025 marks a significant step toward modernizing India’s immigration laws, enhancing national security, and addressing the long-standing issue of illegal immigration. By creating a robust legal framework, the bill aims to regulate the entry, stay, and exit of foreigners more effectively while ensuring compliance with national interests.