The Union Ministry of Home Affairs (MHA) plans to introduce the Immigration and Foreigners Bill, 2025 in the second half of the Budget session (starting March 10).
The Bill will repeal four existing legislations:
The Passport (Entry into India) Act, 1920
The Registration of Foreigners Act, 1939
The Foreigners Act, 1946
The Immigration (Carriers’ Liability) Act, 2000
Significant Provisions:
The Bill has six chapters and 35 clauses, consolidating multiple laws into one.
Defines the roles of the Immigration Officer, Bureau of Immigration (BoI), and their legal authority.
Specifies obligations for universities, hospitals, hotels, and guest houses in admitting or reporting foreign nationals.
Addresses restricted movement of foreigners, control over places they frequent, and liability of carriers.
Retains the provision that the burden of proof lies on the individual to establish they are not a foreigner.
Provisions for Entry and Stay of Foreigners:
New grounds for denying entry or stay include:
Threat to national security, sovereignty, integrity, or foreign relations.
Public health concerns or other conditions specified by the Centre.
Immigration Officer’s decision on admissibility will be final and binding.
The Centre retains the power to remove foreigners and delegate authority for enforcement.
Penal Provisions:
Entering India without valid travel documents → Imprisonment up to 5 years or ₹5 lakh fine or both.
Using/supplying fake passports or visas → 2-7 years imprisonment & ₹1-10 lakh fine.
Overstaying beyond visa limits → 3 years imprisonment & ₹3 lakh fine.
State Powers for Detecting and Deporting Foreigners:
MHA allows State police to detect and deport illegal foreigners.
Guidelines (2014, 2019) permit State governments to deport foreigners with valid documents after legal proceedings.
If a foreigner lacks travel documents, they must be obtained from the respective embassy or High Commission.
Detention Centres:
The Bill does not use the term "detention centres", instead refers to "residence under supervision".
The Centre can regulate access to places where restricted foreigners are lodged.
As per the 2019 Detention Centre Manual, States do not need MHA approval to set up such facilities, which must be outside jail premises.
Mechanisms to Track Foreigners:
Two committees to identify foreigners who overstayed beyond their visa period (pre- and post-January 1, 2011).
Details of visa violators uploaded on e-FRRO portal, accessible to local police.
Shared data with welfare schemes, PAN, Aadhaar, and driving licence authorities to prevent fraudulent document procurement.
Foreigners Identification Portal helps State police track illegal migrants and prevent them from acquiring Indian documents.
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