Context: The Immigration and Foreigners Act, 2025, came into force on September 1, bringing in new rules for immigration and regulating matters concerning foreigners in India.
The President of India gave assent to the Immigration and Foreigners Bill, 2025. The Act aims to consolidate and regulate all matters related to foreign nationals and immigration (entry, stay, and departure of foreigners in India).
Relevance of the Topic:Prelims: Key facts about Immigration and Foreigners Bill 2025.
Immigration and Foreigners Bill 2025
- Aim: It seeks to regulate immigration, entry, and stay of foreigners in India.
- It repeals the following Acts: (i) the Passport (Entry into India) Act, 1920, (ii) the Registration of Foreigners Act, 1939, (iii) the Foreigners Act, 1946, and (iv) the Immigration (Carriers’ Liability) Act, 2000.
- It classifies foreigners into six different categories: tourists, students, skilled workers, business visitors, refugees and asylum seekers, and illegal immigrants. The bill classifies visas based on the purpose of visit and the duration of stay.
Key Objectives of the Bill:
- Digitisation of visa issuance, registration, and monitoring processes.
- Comprehensive tracking of the movement of foreign nationals, particularly at land and sea borders.
- Enhanced deterrents against illegal immigration and overstaying.
- Simplification of visa procedures to facilitate easier travel and residence for tourists, students, business professionals, and skilled workers.
Key Highlights of the Bill: Immigration and Foreigners Bill 2025:
- Foreign Nationals residing in India for more than 180 days must register digitally with the National Foreigners Registry. This new digital registry is intended to replace the current Foreigners Regional Registration Office (FRRO) system.
- Any foreigner who enters any area in India without a valid passport, visa or other travel document shall be punishable with an imprisonment extending up to five years or with fine of to Rs 5 lakh rupees or with both.
- Anyone found to be using a forged passport or visa for entering India or staying in or exiting from the country will be punishable with a jail term of up to seven years and a fine which could extend to Rs 10 lakh.
- Overstaying, visa violations, or trespassing in restricted areas can get up to 3 years imprisonment and a fine up to ₹3 lakh.
- Mandatory reporting of information about foreigners by hotels, universities, other educational institutions, hospitals and nursing homes to enable tracking of overstaying foreigners.
- The central government is empowered to exert control over places that are frequented by any foreigner, and require the owner to close the premises, or refuse admission to all or a "specified class" of foreigners.
- Power of Arrest: The Bill empowers police officers not below the rank of a Head Constable to arrest without warrant persons entering India without passports.
Establishment of National Immigration Authority (NIA):
- The National Immigration Authority will be established as a statutory apex body responsible for immigration policy formulation and implementation.
- Functions of NIA:
- Manage a centralised digital database of foreign nationals
- Coordinate with state-level authorities and law enforcement agencies
- Provide policy guidance on visa and border control protocols.
Integrated Immigration Management System (IIMS):
- The bill mandates the development of an IIMS. It will employ biometric identification, AI-based monitoring tools, and inter-agency databases to track and manage the movement of foreign nationals.
- It will be integrated with airport immigration counters, land border checkpoints, and registration offices, facilitating real-time verification and enhanced mobility control.