Immigration and Foreigners Bill 2025

GS 2 – POLITY

Context

The government has introduced the Immigration and Foreigners Bill 2025 in the Lok Sabha to enhance and modernize immigration regulations.

Rationale Behind the Bill

• Legal Streamlining: The bill seeks to eliminate redundancy by repealing four existing laws, ensuring a more coherent legal framework.
• Impact on Tourism: Given tourism’s vital role in the economy, structured immigration policies are essential.
• Enhanced Immigration Management: It establishes a standardized approach to handling foreign nationals in India.
• National Security Considerations: Strengthens oversight mechanisms to maintain sovereignty while regulating foreign entry.

Key Features of the Bill

• Regulation of Foreigners’ Stay and Movement: Governs entry, exit, stay, and movement while mandating registration to improve tracking.
• Tighter Monitoring of Foreign Nationals: Foreign students, hospital patients, and long-term visitors will face stricter supervision to prevent visa misuse.
• Transport Operator Responsibility: Airlines, shipping firms, and transport carriers must verify passenger documents before boarding, with penalties for carrying unauthorized foreigners.
• Harsher Penalties for Violations: Unauthorized entry could lead to fines of up to ₹5 lakh, while using forged passports may result in penalties as high as ₹10 lakh, discouraging illegal immigration and document fraud.
• Revised Visa and Passport Regulations: The central government will have expanded authority over visa issuance, foreigner registration, and tracking to enhance security and prevent misuse.
• Empowered Immigration Officers: Officials will have the power to detain, investigate, deport illegal immigrants, restrict foreigner movement, and deny entry on security grounds.
• Government Control Over Immigration Matters: The Centre will be authorized to issue removal orders, delegate enforcement duties, and grant exemptions for specific foreigner categories.
• Institutional Reporting Obligations: Educational institutions, hospitals, and property owners must report foreign nationals under their care to ensure compliance and prevent overstays.

Concerns and Criticism

• Potential Constitutional Breach: Possible violation of Article 14, which ensures equality before the law.
• Absence of an Appeal Mechanism: Decisions made by immigration officers cannot be contested, raising concerns about natural justice.
• Possibility of Political Exploitation: The bill could be used to deny entry based on ideological biases.
• Impact on Skilled Immigration: Might discourage foreign students, professionals, and medical tourists from coming to India.