The Immigration and Foreigners Bill outlines penalties including a five-year prison sentence and a fine of ₹5 lakh for individuals entering the country without valid documentation

The proposed legislation is likely to ignite discussions regarding the extensive authority given to immigration officials and the administrative challenges it poses for individuals and organizations.

The Indian government has presented the Immigration and Foreigners Bill, 2025 in the Lok Sabha, with the goal of simplifying immigration regulations, enhancing national security, and enforcing tougher penalties for infractions. This legislation seeks to replace four outdated colonial laws, such as the Foreigners Act of 1946 and the Passport (Entry into India) Act of 1920, in order to establish a unified, contemporary legal structure.

The proposed legislation aims to create a comprehensive Bureau of Immigration (Section 5), led by a Commissioner. This Commissioner will be supported by Foreigners Regional Registration Officers, Foreigners Registration Officers, Chief Immigration Officers, and other immigration personnel appointed by the Centre. The Bureau will operate under the Centre’s authority and will be responsible for carrying out various “immigration functions,” including overseeing the entry and exit of foreign nationals, as well as any additional duties assigned by the Centre.

Key Features

1. National Security Provisions

The legislation emphasizes the importance of national security and sovereignty, asserting that any foreign individual deemed a threat to India’s integrity will be barred from entry or residency. Immigration officials will have the authority to detain individuals without a warrant if they are suspected of breaching immigration regulations. Moreover, upon arrival, foreigners are required to register, and their movements, changes of name, and access to specific locations may be limited.

2. Refined Entry and Residency Regulations

All foreigners entering or exiting India must possess a valid passport and visa. Institutions such as schools, hospitals, and nursing facilities are obligated to inform immigration authorities about any foreign nationals in their care.

Transport providers, including airlines and other carriers, will be held accountable for allowing entry to foreigners lacking proper documentation. If a foreigner is refused entry, the carrier must promptly remove them from India or face penalties and potential confiscation of their transport.

3. Severe Consequences for Offenses

The proposed legislation imposes stringent penalties for various offenses, which include:

Entering without proper documentation: A prison sentence of up to five years and a fine of ₹5 lakh.

Utilizing counterfeit documents: Imprisonment ranging from two to seven years, with fines between ₹1 lakh and ₹10 lakh.

Exceeding visa limits or breaching visa terms: A maximum of three years in prison and a fine of ₹3 lakh.

Transporting foreigners lacking valid documentation: A fine of ₹5 lakh and the possibility of vehicle confiscation.

Foreign nationals holding dual citizenship will be regarded as citizens of the nation corresponding to the passport they presented upon entering India.

“India welcomes visitors, but they must follow immigration laws. As India grows economically, we are committed to facilitating tourism while ensuring national security,” says Minister of State for Home Affairs, Nityanand Rai.

Potential Consequences and Discussion

The proposed legislation is likely to ignite discussions regarding the extensive authority given to immigration officials and the administrative challenges it poses for individuals and organizations. The government maintains that the bill is essential for enhancing security and simplifying procedures, yet opponents may raise concerns about its effects on foreign nationals, businesses, and human rights.

As the bill is examined in Parliament, its ultimate form has the potential to profoundly alter India’s strategy towards immigration enforcement and national security.

Criticism of the Immigration and Foreigners Bill has emerged, with Congress member Manish Tewari stating in Parliament that the bill infringes on fundamental rights in several ways. He expressed concern that the government could exploit the provisions of this law to deny entry to individuals whose beliefs do not align with those of the current ruling party.

Additionally, Tewari pointed out that a clause in the bill lacks an appeal process for decisions made by immigration officers, which he argues undermines fundamental rights and the basic principles of natural justice in legal practice.