The Immigration and Foreigners Bill, 2025 was introduced in the Lok Sabha to strengthen India’s borders and streamline immigration laws, replacing several outdated legislations.
About Immigration
- Immigration refers to the movement of individuals from their home country to another nation where they are neither natives nor citizens.
- This relocation can be for permanent settlement, naturalization, employment, or temporary work.
Causes of Immigration
- Economic Factors: People migrate for better jobs, wages, and living standards. Lack of opportunities and poverty push many to seek work abroad.
- Example: Many Indians migrate to the Gulf for higher-paying jobs in construction
- Political Instability & Conflict: Wars, persecution, and oppressive regimes force people to flee. Ethnic, religious, and political discrimination also drive migration.
- Example: Rohingya Muslims migrated from Myanmar to Bangladesh to escape persecution.
- Environmental & Climate Change: Natural disasters and climate change destroy livelihoods. Rising sea levels, droughts, and resource shortages make areas uninhabitable.
- Example: Satabhaya village in Kendrapara district of Odisha faced severe coastal erosion and rising sea levels, forcing residents to migrate as their homes and farmland were lost.
- Globalization & Connectivity: Improved transportation and communication make migration easier. Expanding global job markets attract skilled and unskilled workers.
- Example: IT professionals from India migrate to Silicon Valley.
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- Immigrants and Emigrants: Those who migrate to another country are called immigrants, while from the perspective of their home country, they are referred to as emigrants or outmigrants.
Impact of Immigration
- Economic Growth: Boosts labor supply, fills skill gaps, and drives entrepreneurship.
- Example: Indian IT professionals contributing to the U.S. tech industry.
- Pressure on Infrastructure: Strains housing, healthcare, and public services in the host country.
- Example: Rapid urbanization in European cities due to refugee influx.
- Remittances & Home Country Development: Supports economies through money sent back home, improving living standards and investments.
- Example: India is the world’s top recipient of remittances, with Indian migrants, especially in the Gulf and the U.S., sending billions annually, boosting household incomes and national GDP.
- Security & Social Challenges: May lead to concerns over crime, assimilation, and national identity.
- Example: Debates over border security in the U.S. and Europe.
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Immigration Provisions In India
- Citizenship Act, 1955: Governs the acquisition, renunciation, and termination of Indian citizenship.
- It outlines five ways to become an Indian citizen: birth, descent, registration, naturalization, and incorporation of territory.
- Foreigners Act, 1946
- Control Over Entry, Stay, and Exit: Regulates the entry, stay, and exit of foreigners in India.
- Powers to Detect and Deport: Empowers the government to detect, detain, and deport illegal immigrants.
- Establishment of Tribunals: The Act empowers the government to establish tribunals with powers similar to civil courts to determine foreigner status.
- 2019 Amendments: Amendments to the Foreigners (Tribunals) Order, 1964 allow district magistrates across all States and UTs to set up tribunals for identifying illegal foreigners.
- Visa Regulations (Under the Passport Act, 1920)
- Defines entry conditions for foreign nationals through visa categories.
- Regulates extensions, restrictions, and violations of visa norms.
- Refugee Policies
- India is not a signatory to the 1951 Refugee Convention.
- Provides asylum on a case-by-case basis (e.g., Tibetans, Sri Lankan Tamils, Rohingyas).
Key Provisions Of Immigration and Foreigners Bill, 2025
- About The Bill: The bill aims to consolidate and modernize existing immigration laws 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 the permission to stay in India.
- Nodal Ministry: Ministry of Home Affairs (MHA), Government of India.
- Repeal of Existing Laws: The Bill replaces and repeals four existing laws i.e Immigration (Carriers’ Liability) Act, 2000, Passport (Entry into India) Act, 1920, Registration of Foreigners Act, 1939 and Foreigners Act, 1936
- Establishment of Bureau of Immigration: A centralised Bureau of Immigration (BoI) will be created (Section 5).
- Headed by a Commissioner and assisted by various immigration officers.
- Tasked with regulating entry and exit of foreigners and enforcing immigration laws.
- Powers Over Foreigners (Section 7): The Central Government gets broad powers to:
- Entry and exit restrictions: Foreigners must enter/exit India at specified times, routes, and places.
- Residence restrictions: Foreigners may be ordered to reside in or leave specific areas.
- Biometric and medical requirements: Foreigners may be required to submit biometric data, handwriting samples, or undergo medical examinations.
- Prohibitions: Foreigners may be barred from associating with certain individuals, engaging in specific activities, or possessing certain articles.
- Punishments for Violations
- Overstaying visa or violating orders: Up to 3 years imprisonment and ₹3 lakh fine (Section 23).
- Entering India without valid documents: Up to 5 years imprisonment and ₹5 lakh fine (Section 21).
- Using forged or fraudulent travel documents: 2-7 years imprisonment and ₹1-10 lakh fine (Section 22).
- Reporting Obligations on Institutions
- Universities, educational, and medical institutions must report foreign admissions (Sections 9 & 10).
- The government can control places frequented by foreigners and impose conditions on their use (Section 14).
- Restrictions on Transport Carriers (Section 17)
- Carriers (airlines, shipping companies, etc.) must provide passenger and crew details.
- Must ensure removal of foreigners whose entry is denied.
- Penalty of up to ₹50,000 for non-compliance.
- Dual Citizenship: Foreigners holding dual citizenship will be recognized as citizens of the country corresponding to the passport used for their entry into India.
Role of International Organizations in Immigration
- United Nations High Commissioner for Refugees (UNHCR): UNHCR, the UN Refugee Agency, is a global organization dedicated to people forced to flee their homes because of conflict and persecution.
- Protects and assists refugees, asylum seekers, and stateless people.
- Provides emergency aid, legal support, and resettlement assistance.
- Example: Led relief efforts for Syrian refugees in Turkey, Lebanon, and Jordan.
- International Organization for Migration (IOM)
- Manages migration policies, ensures safe and orderly migration, and combats human trafficking.
- Assists with voluntary repatriation, resettlement, and integration programs.
- Example: Helped Rohingya refugees relocate and provided humanitarian aid in Bangladesh.
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Implications Of The Bill
- National Security and Border Control: The Bill aims to plug gaps in border security by creating a more centralized and robust monitoring system.
- Strengthened provisions against illegal migration, espionage, and human trafficking.
- Streamlining Immigration Laws: The Bill repeals the outdated laws and eliminates overlapping provisions to create a unified, modern, and efficient legal framework for immigration enforcement.
- Efficient Foreigners’ Management: Ensures better oversight of foreign students, workers, and residents.
- Mandatory registration and tracking, will prevent visa overstays and misuse.
Refugee Crisis and Global Governance
- About Refugees: A refugee is someone who has been forced to flee their country because of persecution, war or violence.
- About Refugee Crisis: A refugee crisis can refer to situations in the reception of large groups of forcibly displaced persons. These could be either internally displaced, refugees, asylum seekers or any other huge groups of migrants.
- Legal Frameworks: The 1951 Refugee Convention and its 1967 Protocol define refugee rights and host country obligations. Example: Countries granting asylum based on non-refoulement principles.
- The principle of Non-refoulement prohibits states from expelling or returning (refouling) individuals to a country where they would face persecution, torture, inhuman or degrading treatment, or other serious threats to their life or freedom.
- Global Compacts & Agreements
- Global Compact on Refugees (2018): Encourages responsibility-sharing among nations.
- European Union-Turkey Deal (2016): Aimed at controlling refugee flows into Europe.
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Concerns Regarding the Bill
- Violation of Fundamental Rights: It is argued that the Bill could be misused to deny entry based on ideological grounds.
- Lacks an appeal mechanism against immigration officers’ decisions, violating natural justice principles.
- The lack of judicial safeguards may lead to misuse and arbitrary detentions.
- Impact on Academic and Medical Fields: The Bill could restrict the inflow of talent in fields like academics and medical research.
- Excessive Government Control: Critics argue that the Bill centralizes power in the hands of the government, allowing broad and unchecked restrictions on foreigners.
- Diplomatic Concerns: Countries with a large number of citizens living or studying in India (such as Bangladesh, Nepal, Afghanistan, and African nations) may raise diplomatic concerns.
- Fear of Selective Application: Civil rights groups fear that the vague and broad powers may be used for selective enforcement against certain groups.
- Possibility of targeting journalists, activists, or members of minority communities.
- Enforcement and Compliance Issues: Broad discretionary powers may lead to misuse and harassment of foreigners.
- Airlines, hotels, and landlords etc face penalties if they fail to report foreign clients’ data.
- Economic Impact: Visa delays and compliance burdens could hurt tourism and business investments.
- Handling Refugees and Stateless Persons: The Bill does not differentiate between illegal immigrants, refugees, and asylum seekers.
Global Practices in Immigration Laws
- United States: In the United States Immigration and Nationality Act (INA), an immigrant is an individual seeking to become a Lawful Permanent Resident in the United States.
- It allows for judicial review of deportation orders.
- European Union: Foreigners have the right to appeal deportation decisions before an independent authority.
- The EU Blue Card allows highly skilled non-EU nationals to work and live in member states.
- Australia: The Migration Strategy includes humanitarian exceptions and due process guarantees.
- Australia’s immigration changes in 2025 aim to strike a balance between economic needs and migration fairness.
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Way Forward
- Introduce an Independent Appeals Mechanism: Allow foreigners to appeal before a tribunal or court.
- Ensure Proportionality in Punishments: Distinguish between minor visa violations and serious offenses to avoid harsh penalties for technical errors.
- Strengthen Humanitarian Provisions: Allow exemptions for refugees, asylum seekers, and stateless individuals in line with international norms.
- Safeguards Against Arbitrary Restrictions: There is a need to clearly define grounds for movement restrictions, activity bans, and property controls to prevent misuse.
Conclusion
The Immigration and Foreigners Bill, 2025, aims to modernize and consolidate India’s immigration laws, but it has drawn criticism for potential human rights violations, lack of appeal mechanisms, and impact on skilled migration. The debate in Parliament is expected to focus on balancing national security with fundamental rights.
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