Immigration and Foreigners Act, 2025

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Why in News?

The Union Home Ministry, through the Immigration and Foreigners (Exemption) Order, 2025, exempted Sri Lankan Tamil refugees (before Jan 9, 2015) and undocumented minorities from Afghanistan, Bangladesh, and Pakistan from penal provisions, ensuring protection from deportation and eligibility for long-term visas.

Description:

  • Came into effect: September 2025
  • Purpose: To consolidate and modernize India’s laws on immigration, entry, and stay of foreigners.
  • Replaces four old laws:
    • Passport (Entry into India) Act, 1920
    • Registration of Foreigners Act, 1939
    • Foreigners Act, 1946
    • Immigration (Carriers’ Liability) Act, 2000

Key Provisions:

  1. Immigration Posts: Central Govt. may notify designated posts for legal entry/exit from India.
  2. Bureau of Immigration:
    1. To be set up for immigration functions:
      1. Visa issuance
      1. Entry, transit, stay & movement regulation of foreigners.
  3. Registration of Foreigners: Foreigners must register with a Registration Officer on arrival in India.
  4. Reporting Obligation:
    1. Carriers (airlines, shipping lines) → must share details of foreign passengers.
    1. Educational institutions → report admission of foreign students.
    1. Medical institutions → report treatment of foreign patients.
  5. Offences & Penalties:
    1. Entry without valid passport/travel document:
      1. Up to 5 years imprisonment
      1. Fine up to ₹5 lakh
      1. Or both.
  6. Power of Arrest: Police officers ≥ Head Constable may arrest without warrant.
  7. Controlling Places Frequented by Foreigners:
    1. Civil authority can:
      1. Direct closure of premises frequented by foreigners.
      1. Refuse admission of foreigners to certain premises.

Significance:

  • Streamlines fragmented colonial-era immigration laws.
  • Enhances national security through stricter monitoring.
  • Improves coordination among institutions handling foreigners.

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