Context: 

Recently, the Union government introduced the Immigration and Foreigners Bill, 2025, in the Lok Sabha, aiming to strengthen India’s borders and streamline immigration laws.

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• According to Union Home Ministry data, 98.4 lakh foreigners visited India between April 1, 2023, and March 31, 2024.
• This Bill was introduced in line with the Government of India’s policy of simplification of laws, ease of doing business and minimising compliance burden.

Objectives of the Bill 

• The Bill aims to enhance the regulation of immigration and foreigner-related matters while strengthening India’s borders. 
• This Bill seeks to replace existing laws, some of which date back to pre-independence India (during world wars), and bring about a comprehensive framework for dealing with immigration issues in modern times.

The Bill seeks to repeal and replace four key laws:

1. The Immigration (Carriers’ Liability) Act, 2000

2. The Passport (Entry into India) Act, 1920

3. The Registration of Foreigners Act, 1939

4. The Foreigners Act, 1946 

Key Provisions of the Bill 

The Bill proposes the creation of a Bureau of Immigration, which will be headed by a commissioner and supported by several immigration officers. 

• The Bureau will function under the central government's control and will be responsible for regulating the entry and exit of foreigners, as per the responsibilities outlined by the Centre (Section 5).

The Bill grants extensive powers to the Centre to regulate the movement and activities of foreigners within India (Section 7). These powers include:

• Specifying the times, routes, and ports through which foreigners can enter or leave India.
• Restricting the movement of foreigners within specific areas of the country.
• Imposing conditions on foreigners regarding their stay, including medical examinations, biometric data submission, and more.
• Issuing orders to prevent foreigners from engaging in certain activities or associating with specific individuals or groups.

The Bill imposes stringent penalties for foreigners who violate the immigration laws. These include:

• Overstaying their visa or violating government orders, with a punishment of up to 3 years of imprisonment and fines up to Rs. 3 lakh (Section 23).
• Enter any area without a valid passport or a travel document (Section 21). The punishment is up to 5 years imprisonment and/or a fine of up to Rs 5 lakh.
• Use a forged or fraudulently obtained travel document or visa to enter, reside or exit India (Section 22). This is punishable with 2-7 years’ imprisonment and/or a fine of Rs 1-10 lakh.

Universities and Educational/Medical institutions will be required to furnish information to the government if foreigners are admitted (Sections 9 & 10).

Carriers—defined as entities or persons engaged in transporting passengers by land, air, or water—will have to comply with stringent reporting requirements. 

• They will be required to provide passenger and crew information to immigration officers. Non-compliance will lead to a fine of up to Rs. 50,000 (Section 17).

Criticism of the Bill

• The Bill could lead to the violation of fundamental rights and the absence of an appeal mechanism for foreigners whose entry might be denied, thus undermining natural justice and legal fairness.
• The Bill could hamper India’s ability to attract foreign talent, particularly in sectors like academia and medical science.