Foreigners and Immigration Act, 2025

Context

The ‘Foreigners and Immigration Act, 2025’ passed by the Parliament has come into force from 1 September 2025, which has integrated all the scattered laws related to immigration.

About the new Foreigners Act

• Name of the Act: The Immigration and Foreigners Act, 2025
• Date of coming into force: From 1 September 2025
• Objective: To streamline the entry, stay, movement and exit of foreign nationals and create a digital and centralised monitoring system.
• Passed in Parliament
  • Lok Sabha: Passed on 27 March 2025
  • Rajya Sabha: Passed on 2 April 2025
  • Presidential assent: 4 April 2025
• This Act repealed the following old laws:
  • The Passport (Entry into India) Act, 1920
  • The Registration of Foreigners Act, 1939
  • The Foreigners Act, 1946
  • The Immigration (Carriers’ Liability) Act, 2000

Key provisions

• Valid documents required: Passport and visa mandatory (except for certain categories).
• Entry and exit: Only through government-notified airports, sea ports, rail and land border posts.
• Powers of immigration officers: Final decision on entry/exit, power to bar entry on national security grounds.
• Registration system: Registration of foreign nationals through local SP/DCP or FRRO (Foreigners Regional Registration Office).
• Responsibility of accommodation provider: Hotels, hostels, religious institutions etc. must send information of foreign nationals online within 24 hours.
• Educational and medical reporting: Universities and hospitals must report admissions, births and deaths.
• Restricted area permission: Special permit required to visit restricted/protected areas.
• Digital records: Available on all information portals and mobile apps.
• Fines and penalties: Fines ranging from Rs 10,000 to Rs 5 lakh for violations; as low as Rs 50 for certain communities.
• Appeal system: Scope for appeal and exemption on humanitarian grounds.

Exempted categories

• Indian military personnel and their families (by government transport).
• Nationals of Nepal and Bhutan (entering through special routes).
• Tibetan refugees (on approved entry from 1959 to 2003 or later).
• Minority refugees from Afghanistan, Pakistan, Bangladesh (Hindus, Sikhs, Buddhists, Jains, Parsis, Christians entering up to 31 December 2024).
• Registered Sri Lankan Tamil refugees (up to 9 January 2015).
• Diplomatic passport holders of certain countries.
• Foreign military personnel coming for humanitarian or military exercises.

Why a new Act was needed

• The old laws were fragmentary and vague.
• Migrant data collection was manual, creating security risks and information gaps.
• There was confusion about authority between local and central authorities.
• There were unclear provisions for refugees and groups from neighbouring countries.

Importance

• Integration of all laws: transparency and simplicity.
• Digital reporting: faster and accurate monitoring.
• National security: better control.
• Reduced burden on courts: quick resolution through fines and compounding.

Concerns

• Excessive centralisation: Limited role of states.
• Administration: Additional administrative burden on hotels, universities, hospitals.
• Citizenship: Ambiguity regarding citizenship may persist for refugees and minorities.
• Privacy: Concerns about data security.

Way Forward

• Ensuring better coordination between states and the Centre.
• Clear long-term policy for refugees and asylum seekers.
• Strengthening data protection and privacy provisions.
• Making appeals and exemptions on humanitarian grounds more transparent.
• Simplification of visa and immigration processes in line with international standards.