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 

Immigration and Foreigners Bill, 2025

• Current Framework: Matters related to foreigners and immigration in India are currently governed by several laws:
  • The Foreigners Act, 1946
  • The Passport (Entry into India) Act, 1920
  • The Registration of Foreigners Act, 1939
  • The Immigration (Carriers’ Liability) Act, 2000
• Background: Three of these laws were enacted during the pre-Constitution period, specifically during the extraordinary circumstances of World Wars I and II.
• Overlapping Provisions: The Statement of Objects and Reasons for the new Immigration and Foreigners Bill, 2025 points out that while there is an underlying continuity in the objectives of the existing laws, there are some overlapping provisions across these Acts.
• Historical Context: While foreigners have previously been denied entry based on executive orders, there was no explicit legal framework detailing the reasons for refusal. The Foreigners Order, 1948 provided some grounds for refusal, including:
  • Threat to Public Safety
  • Infectious Diseases or Mental Illness
  • Invalid Passport or Visa
  • Extradition Requirements
  • Previous Denial of Entry
• Existing Laws: 
• • Section 3 of the Foreigners Act, 1946: Empowers the Central Government to prohibit, regulate, or restrict the entry, exit, or stay of foreigners.
  • Section 5 of the Passport Act, 1920: Provides the authority to remove a foreigner who has entered without the proper documents or visa.
• Proposed Legislation: The Immigration and Foreigners Bill, 2025 is proposed to repeal the existing Acts to streamline the legal framework.
  • Enact a single, comprehensive legislation that consolidates matters relating to passports, travel documents, and regulations on foreigners, including visa requirements and registration.

Key Provisions of the Bill

• Structure of the Bill: The Bill consists of six chapters and 35 clauses, consolidating existing laws into a single comprehensive document.
• Legal Backing: The Bill clearly defines the roles and responsibilities of the Immigration Officer and the Bureau of Immigration (BoI). 
  • Though the BoI already exists, the Bill seeks to provide legal backing for the immigration functions carried out by these entities.
• Regulations : The Bill includes obligations for universities, educational institutions, hospitals, nursing homes, and medical institutions to admit foreigners. 
  • Previously, there were no specific rules for these institutions regarding the admission of foreigners. Foreigners were required to register with the Foreigners Regional Registration Office (FRRO).
• Hospitality Regulations: The Bill mandates that hotels and guest houses must provide the passport details of foreigners to the police, ensuring better monitoring of foreign nationals.
• Restricted Movements: The Bill includes provisions for foreigners whose movements are restricted and empowers civil authorities to control places frequented by foreigners.
• Carrier Liability: The Bill outlines the liability of carriers and their obligations in transporting foreigners to and from India.
• Burden of Proof for Foreigners: The Bill retains the burden of proof provision, placing the responsibility on an individual to prove that they are not a foreigner when required.
• Grounds for Refusal: The Bill introduces a new clause specifying grounds for refusal of entry or stay of a foreigner in India. 
  • Threat to National Security
  • Relations with Foreign States, Public Health
  • Other Grounds  specified by the Central Government.
• Authority: The Bill states that the decision of the Immigration Officer regarding these matters shall be final and binding.
• Powers of the Centre: The Bill strengthens the powers of the Central Government to issue orders for the removal of foreigners. This includes powers to delegate and exempt certain cases from regulations.

Penal Provisions in the Bill

• Supplying Forged Documents: Individuals caught using or supplying forged travel documents will face imprisonment for at least two years, which can extend to seven years.
• Imposition of Hefty Fines: Offenders may also be penalized with fines ranging from ₹1 lakh to ₹10 lakh, depending on the seriousness of the offence.
• Penalizing Fraudulent Passport : The Bill criminalizes the fraudulent use of passports and visas to gain entry into India, with severe penalties for offenders.
• Large-Scale Document Fraud: The Bill provides for even more severe penalties if an individual is found involved in large-scale operations related to the production or distribution of forged travel documents.
• Deterrence for Document Fraud: The Bill aims to act as a strong deterrent against illegal activities related to forged documents by combining long prison sentences and high fines to dissuade such practices.

Tracking and Deportation of Foreigners in India

• Responsibility: The Ministry of Home Affairs (MHA) has informed the Jharkhand High Court that State police are entrusted with the task of detecting and deporting foreigners staying illegally in India.
• Guidelines for Deportation: Foreigners can be deported after completing their sentence or court proceedings, provided they have a valid travel document and no pending court cases. 
  • If they lack such documents, they must obtain one from their embassy or High Commission.
• Clause 13 (Bill): The Bill does not explicitly mention detention centres but refers to places where foreigners must reside under supervision.
• Conditions of Supervision: The Central Government will regulate the maintenance, discipline, and punishment related to the supervision of foreigners.
• Detention Centre Manual: In 2019, the MHA created a manual for the detention of foreigners awaiting deportation due to lacking valid documents.
• Placement: Detention centres are outside jail premises and can be set up by the States without specific approval from the MHA, depending on the number of foreigners involved in deportation proceedings.

Mechanisms to Track Foreigners’ Movement

• Foreigners Identification Portal: The MHA has launched a Foreigners Identification Portal that allows the State police to upload biometrics and other details of illegal foreigners.
• E-FRRO Portal: Details of foreigners who entered legally but are violating visa regulations are uploaded to the e-FRRO portal, accessible by local police.
• Collaboration with Government Departments: Information about foreigners is shared with welfare schemes, driving licence, and PAN databases for further action if fraudulent documents are detected.
• Aadhaar Negative List: The MHA has directed the UIDAI to create a negative list of Aadhaar cards that were procured fraudulently, based on police investigations.

Conclusion

The Bill sets up a framework for the supervision, tracking, and deportation of foreigners through enhanced data systems and local police involvement, while introducing mechanisms for detention and deportation when necessary. 

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