Immigration and Foreigners Bill 2025 and its Key Provisions

Context: Immigration and Foreigners (Exemption) Order, 2025, recently notified by the Union Ministry of Home Affairs (MHA).

Key Highlights of the Immigration and Foreigners (Exemption) Order, 2025

Exemption from Passport/Visa Requirements

• Indian Armed Forces personnel → when on duty.
• Citizens of India, Nepal, and Bhutan → at specified border check-posts.
• Tibetan nationals → with valid registration certificates and special permits.
• Religious minorities (Hindus, Sikhs, Buddhists, Jains, Parsis, Christians) from Afghanistan, Bangladesh, and Pakistan → if they entered India on or before December 31, 2024, even if with invalid/expired documents.
• Sri Lankan Tamil refugees → who registered and took shelter in India on or before January 9, 2015.

Visa Exemptions

• Foreigners with diplomatic/official passports → if covered under bilateral agreements.
• Foreigners eligible for visa-on-arrival → as per existing provisions.
• Foreign military personnel → when visiting on naval warships.

Key Provisions of Immigration and Foreigners Bill 2025

The Bill will replace four existing laws

• The Passport (Entry into India) Act, 1920
• The Registration of Foreigners Act, 1939
• The Foreigners Act, 1946
• The Immigration (Carriers’ Liability) Act, 2000

Roles and Functions

• Defines the role of Immigration Officers and the Bureau of Immigration (BoI).
• Specifies requirements related to passports, visas and registration of foreigners.

Obligations of Institutions

• Educational Institutions: Must admit foreign nationals and follow prescribed guidelines.
• Hospitals and Medical Institutions: Required to admit foreign nationals as well.

More Power to Immigration Officers

Under the new law, immigration officers will have:

• Greater authority to detain, investigate, and deport illegal immigrants.
• The power to control the movements of restricted foreigners.
• A foreign national can be denied entry or stay if they pose a threat to national security, sovereignty, or public health.
  • The Immigration Officer’s decision regarding admissibility will be final and binding.

Penal Provisions

• Entering without a passport: Penalty of 5 years imprisonment or fine up to ₹5 lakh or both.
• Use or supply of forged documents: Penalty of 2 to 7 years imprisonment and a fine ranging from ₹1 lakh to ₹10 lakh.
• Overstaying beyond visa limits: Penalty of 3 years imprisonment and a fine up to ₹3 lakh.

State Role in Detection and Deportation

• State Police Involvement: Since there is no federal police force dedicated to detecting and deporting illegal foreigners, State police have been entrusted with this task.
• States can set up detention centres (though not explicitly mentioned in the Bill) for foreigners awaiting deportation.

Other Mechanisms to Track Foreigners’ Movement

• The MHA has asked States to create two committees to identify foreigners who entered India before and after January 1, 2011, and overstayed their visas.
• Foreigners Identification Portal: It allows State police to upload biometrics and details of illegal foreigners, helping prevent fraudulent document issuance (like Aadhaar cards).

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