The story so far:
The Union Ministry of Home Affairs (MHA) is all set to introduce the Immigration and Foreigners Bill, 2025 in the second half of the Budget session that begins on March 10. The bill repeals all the four existing legislations that deal with immigration and movement of foreigners.
Why are fresh terms being drawn up?
According to the Statement of Objects and Reasons of the Bill, matters relating to foreigners and immigration are administered through the Foreigners Act, 1946, the Passport (Entry into India) Act, 1920 and the Registration of Foreigners Act, 1939 and The Immigration (Carriers’ Liability) Act, 2000. Three of these laws are from the “pre-Constitution period” brought during “extraordinary times” of World Wars I and II.
The statement notes that while there is an underlying continuity and commonality of objectives among the four Acts, there are some overlapping provisions and a necessity to repeal the Acts and enact a new comprehensive legislation — The Immigration and Foreigners Bill, 2025.
The proposed legislation is to be enacted to avoid multiplicity and overlapping of laws on passports or other travel documents in respect of persons entering into and exiting from India and for regulating matters related to foreigners including the requirement of visa and registration.
What are the significant provisions?
The Bill has six chapters comprising 35 clauses and bunches of existing laws into a single document. It clearly defines the functions of the Immigration Officer, the requirements of passport and visa, and matters relating to foreigners and their registration. Though the Bureau of Immigration (BoI) already exists, the Bill seeks to provide legal backup for immigration functions, the Immigration Officer and the BoI.
It defines provisions relating to the obligations of universities and educational institutions, hospitals, nursing homes, and medical institutions to admit any foreigner. There was no defined rule earlier for such institutions; foreigners were asked to register with the Foreigners Regional Registration Office (FRRO). Presently, it is mandatory for hotels and guest houses to share the passport details of foreigners with the police.
The Bill also has provisions relating to foreigners whose movements are restricted, the power of civil authority to control places frequented by foreigners and the provisions relating to the liability of carriers and their obligations. The Bill retains the provision on the “burden of proof” to prove that a person is not a foreigner on the person.
What is the provision for entry and stay of foreigners?
The Bill introduces the clause — “threat to national security, sovereignty and integrity of India and relations with a foreign State” — among the grounds to refuse the entry or stay of a foreigner in the country.
The proposed law states, “… no foreigner shall be allowed to enter into or stay in India if he is found inadmissible to do so on account of threat to national security, sovereignty and integrity of India, relations with a foreign State or public health or on such other grounds as the Central Government may specify,” adding that the decision of the Immigration Officer shall be final and binding. Earlier too, foreigners have been denied entry but the reasons were not explicitly mentioned in any legislation or rules. Many foreigners and persons of Indian origin have been denied entry based on executive orders. According to Foreigners Order, 1948, a foreigner may be denied entry if he or she is a threat to public safety, if the foreigner carries an infection or is affected by mental illness, if the passport or visa is invalid, faces extradition or has been previously denied entry into the country. The Bill mentions the power of the Centre to issue orders for the removal of foreigners, to delegate and exempt. Presently, Section 3 of the Foreigners Act 1946 empowers the Central government to prohibit, regulate or restrict the entry of foreigners into India or, their exit or stay. Section 5 of the Passport Act 1920 also has the provision for the removal of a foreigner who has entered without documents or a visa.
What are the penal provisions in the Bill?
The penalty for entering India without a passport or travel document in the proposed legislation is imprisonment for five years or a fine up to ₹5 lakh or both.
Using or supplying forged or fraudulently obtained passports or other travel documents or visas shall be punishable with imprisonment for a term not less than two years, but may extend to seven years, and a fine of not less than ₹1 lakh but which may extend to ₹10 lakh, the Bill proposes.
Overstaying beyond the visa limit shall be punishable by three years and a fine up to ₹3 lakh.
Does the Bill allow States to detect and deport undocumented migrants?
Yes. The Ministry of Home Affairs informed the Jharkhand High Court last year that since the “Central Government does not maintain a separate federal police force exclusively dedicated to the task of detection and deportation of foreigners staying illegally, action in this regard has been entrusted to the State police.”
According to guidelines issued on April 24, 2014, and July 1, 2019, a foreigner can be deported after completion of the sentence/court proceedings by the State government if he/she has a valid travel document/passport and no other court case pending. In case the foreigner does not have a valid travel document, it should be obtained from the embassy or High Commission.
What about detention centres?
The Bill does not use the term ‘detention centres’. Clause 13 says foreigners are “required to reside at a place set apart for the residence under supervision.” Such places will be subject to conditions of maintenance, discipline and the punishment of offences and breaches of discipline as the Central Government may from time to time determine. The Centre may regulate access to places in India where foreigners whose movements are restricted are lodged. In 2019, following a Supreme Court directive, the MHA finalised the “Detention Centre Manual” for restricting the movement of foreign nationals who are awaiting deportation due to non-possession of valid travel documents and to ensure that they are physically available at all times for expeditious repatriation and deportation. The manual notes that States require “no specific approval” from the Home Ministry to set up “detention centres /holding centres/camps.” It lays down that centres should be set up outside the jail premises and their numbers and size should be decided by the States keeping in view the actual number of foreigners to be housed as well as the progress in deportation proceedings.
What are the other mechanisms in place to track the movement of foreigners?
The MHA has asked States to constitute two committees to identify foreigners who entered India pre- and post-January 1, 2011, and have stayed on beyond the visa period. The details of foreigners who entered legally and are said to be flouting visa regulations are uploaded on the e-FRRO portal, which can be accessed by the local police. Their details are also shared with government departments running flagship welfare schemes, driving licence, and PAN databases so that action can be taken if documents have been obtained fraudulently. The MHA asked the Unique Identification Authority of India to create a negative list of Aadhaar cards if a police investigation shows that they were procured fraudulently.
The MHA has also operationalised a Foreigners Identification Portal, which is accessible by the State police to upload the biometrics and other details of “illegal foreigners.” The purpose of the portal is to enable the States to identify illegal migrants for deportation and to prevent them from procuring documents such as Aadhaar.
Published – February 16, 2025 02:57 am IST
