Union Minister of State for Home, Nityanand Rai, introduced the Immigration and Foreigners Bill, 2025, on Tuesday, which aims to strengthen India’s borders and streamline the laws governing immigration and foreigners.
The bill aims to replace colonial-era laws, including the Foreigners Act, 1946, the Passport (Entry into India) Act, 1920, the Registration of Foreigners Act, 1939, and the Immigration (Carriers’ Liability) Act, 2000.
The bill seeks to regulate various services related to immigration and foreigners, including their entry, exit, and stay in India.
It mentions that any foreigner posing a threat to “national security, sovereignty, or the integrity of the nation” will not be allowed into the country or will be denied permission to stay in India.
The provision even makes the immigration officer’s decision “final and binding,” without any appeal mechanism.
While introducing the bill, Nityanand Rai said that while tourists were welcome to come to India, it was the government’s responsibility to ensure that the peace and sovereignty of the nation remained intact.
The Statement of Objects and Reasons submitted with the bill mentions that the acts “are not only from the pre-Constitution period but were also brought in during the extraordinary times of the First and Second World Wars.”
The bill would establish an overarching Bureau of Immigration with a Commissioner at its head, who will be assisted by Foreigners Regional Registration Officers, Foreigners Registration Officers, Chief Immigration Officers, and other immigration officers designated by the Centre.
The Bureau will fall under the Centre and will be in charge of performing “immigration functions” such as regulating the entry and exit of foreigners, along with any other functions that the Centre prescribes.
It would also empower the Central government to pass orders or directions regarding foreigners, including requirements for their entry and departure from India only at specified times, routes, ports, or places, subject to any specified conditions on arrival.
It would allow the government to order that a foreigner shall not remain in India or in any specified area within the country, direct them to relocate to and remain in a designated area or reside in a particular place, and require them to present themselves for examination and furnish information as required.
Additionally, it mandates furnishing proof of identity, submitting biometric information and handwriting/signature samples, undergoing a medical examination, and complying with restrictions on associating with persons of a specified description.
It also mandates a punishment of 2 to 7 years of imprisonment and/or a fine of ₹1 to 10 lakh for using a forged or fraudulently obtained travel document or visa to enter, reside in, or exit India under Section 22.
Under Section 23 of the bill, foreigners who overstay their visa or violate any orders under Section 7 can be punished with up to three years of imprisonment and a fine of up to ₹3 lakh.
The bill prescribes a punishment of up to five years of imprisonment and/or a fine of up to ₹5 lakh for foreigners entering any area without a valid passport or travel document.
According to Sections 9 and 10, universities, educational institutions, and medical institutions are also required to furnish information to the government if foreigners are admitted.
Under Section 17 of the bill, carriers entering or leaving India are required to share information related to passengers and crew with an immigration officer or with a District Magistrate/Police Commissioner when asked.
The section lists several duties that a carrier must abide by, including ensuring the removal of foreigners whose entry has been denied, with any violation subject to a penalty of up to ₹50,000.
The bill also empowers the Centre to exert control over places that are “frequented by any foreigner” and require the owner to close the premises, permit its use under specified conditions, or refuse admission to all or a “specified class” of foreigners.
The bill has sparked criticism from the opposition, citing multiple violations of Fundamental Rights and other provisions of the Constitution of India.
Congress MP Manish Tewari said in Parliament, “It violates the fundamental tenets of fundamental rights on multiple counts. Clause 3(1) grants omnibus power to the Union government to restrict the entry of any foreigner into India on grounds of national security. This vests absolute discretion in the government to prohibit the entry of any foreign national, including persons of Indian origin.”
He alleged that “this provision has the potential to be misused if any government feels that the political views or ideological beliefs of an individual, or a conscientious dissenter, are not in conformity with the disposition of the current establishment.”
He further claimed that this is a clear violation of Article 14 of the Indian Constitution and that the second proviso fails to provide an appeal mechanism against immigration decisions, thereby violating fundamental rights.
He later told the media, “There are serious problems with this bill, and that is why I had said that either the government should withdraw this bill, which they didn’t, or it should be referred to a committee.”
Trinamool Congress MP Saugata Roy also opposed the bill, stating, “There are already four laws regarding the entry and exit of foreigners; they served their purpose so far.”
He further expressed his disagreement with the bill’s provision requiring universities, educational institutions, and medical institutions to furnish information to the government when admitting foreigners.
