The Union Ministry of Home Affairs (MHA) implemented the Immigration and Foreigners Act, 2025, following its passage by Parliament in April. This new legislation replaces multiple older laws, including the Passport (Entry into India) Act, 1920, and the Foreigners Act, 1946. The Act aims to streamline immigration, visa, and foreigner-related regulations in India. It introduces modernised procedures reflecting changes in migration patterns and security concerns since the pre-Independence era.
Background and Purpose
The Act was introduced to avoid overlapping laws on passports, visas, and foreigners’ registration. It consolidates and updates rules to address immigration fraud, foreigner movements, and registration more effectively. The government sought to create a single comprehensive framework to regulate entry, stay, and exit of foreigners in India.
Role of the Bureau of Immigration
For the first time, the Bureau of Immigration (BOI) is legally empowered to investigate immigration fraud. The BOI will coordinate with states to identify, restrict, or deport foreigners violating laws. It will maintain a central immigration database. Earlier, the BOI’s role was regulatory but lacked explicit legal backing.
Biometric Data and Educational Institutions
The Act mandates biometric data collection from all foreigners. Previously, biometric recording applied only to certain visa categories. Educational institutions must report foreign students to the Foreigners Regional Registration Office (FRRO). They also need to provide semester-wise academic performance and conduct reports.
Regulation of Premises and Illegal Migrants
Civil authorities can order closure of places frequented by undesirable foreigners or illegal migrants. This new addition targets locations linked to crime or unlawful associations involving foreigners. Immigration officers will be Intelligence Bureau personnel authorised to enforce these rules.
Foreigners Tribunals and Detention Powers
Foreigners Tribunals (FTs), currently active only in Assam, have been granted first-class magistrate powers. They can detain persons unable to prove Indian nationality and issue arrest warrants if individuals fail to appear before them. The number of tribunal members is capped at three. Ex-parte orders can be reviewed within 30 days.
Border Security and Deportation
Border guarding forces and the coast guard can now legally detain and deport illegal entrants after capturing their biometric and demographic data. This formalises existing practices along the Bangladesh and Myanmar borders by the Border Security Force and Assam Rifles.
Exemptions and Special Categories
The Act exempts citizens of Nepal, Bhutan, and Tibetans from its provisions. Registered Sri Lankan Tamil refugees who arrived before 9 January 2015 are exempt from passport and visa requirements but are not eligible for long-term visas. Undocumented minorities from Afghanistan, Bangladesh, and Pakistan who entered before 31 December 2024 are also exempted from penal provisions and deportation but must apply for long-term visas.
Offences and Grounds for Refusal
The Act lists offences barring foreign entry or stay. These include terrorism, espionage, human trafficking, narcotics smuggling, cybercrime, and crimes against humanity. Conviction or involvement in such crimes can lead to visa denial or deportation.
Questions for UPSC:
- Point out the challenges and benefits of consolidating multiple immigration laws into a single legislative framework in India.
- Underline the role of biometric data in modern immigration systems and its implications for privacy and security.
- Critically analyse the functioning of Foreigners Tribunals in Assam and their impact on citizenship verification and human rights.
- Estimate the geopolitical and humanitarian considerations involved in exempting certain refugee groups from immigration laws in India.
