New Delhi: The Indian government, led by Prime Minister Narendra Modi, is preparing to introduce the Immigration and Foreigners Bill 2025 in the Lok Sabha on March 11, 2025. This bill aims to replace outdated immigration laws and establish a comprehensive legal framework for the entry, stay, and exit of foreigners in India.
The legislation is expected to enhance border security, curb illegal immigration, and bring strict penalties for violations.
Table of Contents
Replacing Outdated Immigration Laws
The Immigration and Foreigners Bill 2025 will repeal and replace the following existing laws:
- Foreigners Act, 1946
- Passport (Entry into India) Act, 1920
- Registration of Foreigners Act, 1939
- Immigration (Carriers’ Liability) Act, 2000
The bill aims to eliminate overlapping provisions and introduce a streamlined legal structure that aligns with modern security needs and international best practices.
Stronger Immigration Controls and Entry Restrictions
Mandatory Passport and Visa Requirements
Under the proposed bill:
- No person shall be allowed to enter India without a valid passport and appropriate travel documents.
- Foreigners must possess a valid visa to enter and stay in the country, except in cases where special exemptions apply under Section 33 or intergovernmental agreements.
- Departing from India will require a valid passport and visa, ensuring that foreigners do not overstay or misuse their stay in the country.
Enhanced Powers for Immigration Officers
- Immigration officers will have the authority to examine and verify the documents of any foreigner entering, staying, or moving within India.
- They can check passports or visas that are reported lost, stolen, damaged, or fraudulently obtained.
- Immigration officers’ decisions on entry and exit matters will be final and binding.
Burden of Proof Shifted to Immigrants
A significant change introduced by the bill is placing the burden of proof on individuals rather than the state. This means that:
- Foreigners must prove their legal status in India, making deportation of illegal immigrants like Rohingyas and Bangladeshis more efficient.
- Institutions such as universities, hospitals, and employers hosting foreign nationals must report their details to designated registration officers.
- This move will enhance accountability and prevent the misuse of visas and residence permits.
Strict Penalties for Violations
Penalties for Illegal Immigration
- Foreigners entering India without valid passports or visas may face up to five years in prison and fines up to ₹5 lakh.
- Individuals using forged travel documents will face imprisonment between two to seven years, with fines ranging from ₹1 lakh to ₹10 lakh.
- Those who overstay their visas will be fined ₹3 lakh and may face three years of imprisonment.
Carrier Liability to Prevent Illegal Immigration
- Airlines, shipping companies, and other transport operators will be held responsible if they transport illegal immigrants into India.
- Strict financial penalties and operational restrictions will be imposed on non-compliant carriers.
How the Immigration and Foreigners Bill 2025 Will Strengthen India’s Security
India faces severe challenges from illegal immigration, particularly from neighboring countries like Bangladesh and Myanmar. The bill is expected to:
- Strengthen border control and deportation procedures.
- Prevent illegal infiltration through fake documents.
- Address the security concerns posed by stateless populations such as Rohingyas and illegal Bangladeshi immigrants.
- Ensure faster repatriation agreements with origin countries.
Tackling Rohingya and Bangladeshi Immigration Issues
As of December 2024, approximately 95,600 Rohingyas reside in India, with many suspected of involvement in criminal activities such as human trafficking and smuggling. The bill will:
- Dismantle illegal networks providing fake documents to illegal immigrants.
- Prevent political parties from using illegal immigrants as vote banks.
- Enhance cooperation with neighboring countries to curb cross-border illegal movements.