Answer

Immigration laws govern the movement of foreign nationals, balancing national security, economic interests, and humanitarian concerns.  The Immigration and Foreigners Bill, 2025 aims to  repeal all the four existing legislations that deal with immigration and movement of foreigners to streamline regulations, replacing outdated laws to enhance monitoring, enforcement, and deportation mechanisms.

The Immigration and Foreigners Bill, 2025: Stricter Regulations on Entry, Stay, and Deportation

• Clear Grounds for Inadmissibility: The Bill introduces explicit criteria for denying entry or stay, including threats to national security, sovereignty, and relations with foreign states. Earlier, such decisions were mostly based on executive discretion.
• Stringent Visa and Registration Rules: The Bill compels universities, hospitals, and medical institutions to comply with specific foreigner registration norms, ensuring better tracking of long-term visitors.
  For example: Many foreign students in India have been found overstaying beyond visa limits. In 2021, 400+ African students in Bengaluru were identified as visa violators.
• Higher Penalties for Violations: Unauthorized entry now results in 5 years’ imprisonment or ₹5 lakh fine, while visa overstays lead to 3 years’ imprisonment or ₹3 lakh fine, significantly increasing penalties.
• Stronger Carrier Liability Measures: Airlines and transport carriers must ensure proper travel documentation; violations attract heavy fines (up to ₹10 lakh) and legal action, reducing illegal entry risks.
• State Authority for Detection and Deportation: States must identify and deport illegal migrants post-sentence, with a Foreigners Identification Portal aiding in tracking, reducing delays in repatriation.
  For example: Assam’s NRC exercise found over 19 lakh undocumented persons, but deportation remained slow due to lack of a streamlined law. This Bill aims to speed up action.

Impact on National Security 

• Prevention of Terrorist Infiltration: With strict entry restrictions and mandatory background verification, the Bill prevents foreign extremists from entering India under false pretexts.
  For example: In 2021, an ISIS-linked Sri Lankan national was caught in Tamil Nadu with fake Indian documents. The Bill ensures better scrutiny at immigration points.
• Strengthened Border Security: The Bill empowers State police to monitor illegal foreign movements and establish detention centers, preventing foreign operatives from using India as a transit hub.
  For example: In 2022, Rohingya refugees were detained in Jammu for illegally crossing from Bangladesh. The Bill formalizes state-level action against such infiltrations.
• Enhanced Digital Tracking: The Foreigners Identification Portal integrates biometric data with visa databases, allowing law enforcement to track visa violators and potential threats in real time.
• Protection Against Espionage: Foreign nationals working in sensitive sectors, like defense and infrastructure, will face greater scrutiny, reducing risks of espionage and intellectual property theft.
• Mitigation of Human Trafficking Risks: By penalizing transporters and ensuring visa authenticity, the Bill curtails trafficking networks that exploit gaps in immigration laws to smuggle people into India.

Impact on Bilateral Relations with Neighboring Countries 

• Strained Ties Over Deportation: Large-scale deportation of illegal migrants may create tensions, especially with Bangladesh and Myanmar, as repatriation requires diplomatic cooperation.
  For example: In 2019, India attempted to deport Rohingya refugees to Myanmar, but the lack of diplomatic engagement resulted in prolonged humanitarian concerns.
• Border Disputes and Political Friction: The strict immigration rules may escalate border tensions, as neighboring nations might view it as India tightening its stance on cross-border movement.
  For example: Nepal raised concerns in 2020 when India introduced stricter border controls, affecting traditional free movement under the Indo-Nepal Treaty of 1950.
• Impact on Trade and Tourism: Tighter visa regulations may reduce business travel and tourism, impacting economic ties, especially with nations like Sri Lanka, Nepal, and Bhutan, which depend on Indian markets.
• Concerns Over Refugee Policies: Neighboring countries may object to India’s handling of refugees, particularly those fleeing conflict, seeing it as a lack of regional humanitarian responsibility.
  For example: Bangladesh opposed India’s deportation of Rohingya refugees in 2017, arguing it put additional pressure on its already burdened refugee camps.
• Enhanced Security Cooperation: The Bill may strengthen regional counter terrorism efforts, as nations like Bangladesh and Sri Lanka may see stricter immigration policies as a mutual security benefit.
  For example: India and Bangladesh have cooperated on deporting terror suspects like members of Jamaat-ul-Mujahideen Bangladesh (JMB), improving bilateral security ties.

Way Forward 

• Bilateral Agreements for Deportation: India should negotiate structured deportation agreements with nations like Bangladesh and Myanmar to ensure smooth repatriation without diplomatic backlash.
  For example: The 2019 India-Bangladesh MoU on illegal migration provided a framework for handling undocumented migrants without straining relations.
• Regional Immigration Framework: A South Asian Immigration Framework can be developed under SAARC or BIMSTEC, ensuring coordinated visa policies and tracking mechanisms.
  For example: The European Schengen Information System allows member nations to share foreigner’s data, preventing illegal overstays without affecting trade.
• Humanitarian Considerations for Refugees: India should create a clear refugee policy in line with UNHCR guidelines while balancing security concerns, ensuring protection for genuine asylum seekers.
  For example: India granted long-term visas to Afghan refugees post-2021 Taliban takeover while restricting entry for security concerns.
• Ease of Business and Tourism Visas: While tightening immigration enforcement, India should simplify business and tourism visa processes, ensuring diplomatic goodwill with friendly neighbors.
• Joint Security Task Forces: Collaborative border security task forces with Nepal, Bhutan, and Bangladesh can monitor migration while preventing trafficking and security breaches.
  For example: India and Nepal already conduct joint border patrols; expanding this model can help manage illegal immigration effectively.

Embracing innovative legal reforms, India can significantly enhance national security while nurturing diplomatic relations with neighbors. By streamlining entry and deportation protocols, the Immigration Bill fosters balanced regional cooperation and sustainable progress. With prudent governance and proactive measures, a secure and prosperous future awaits—United Vision, United India for global stability.

DOWNLOAD PDF