Stringent Bill to regulate visit of foreigners tabled in LS

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The Immigration and Foreigners Bill, 2025, was introduced in the House by Minister of State for Home Nityanand Rai, who said it “sought to correct overlapping and duplicate provisions” in prevailing laws governing immigration and foreigners in the country.

Rejecting the Opposition’s charge that the Bill violated the Constitution, Rai asserted the Centre was well within its rights under the Union list to bring in legislations on immigration. He said though tourists were welcome to visit the country, it was the government’s responsibility to ensure peace and sovereignty remained intact.

Opposing the Bill, Congress MP from Chandigarh Manish Tewari said it “violated the principle of fundamental rights” and expressed fear the government may use the provisions of the proposed law to deny entry to those who were not in sync with the ideology of the ruling dispensation of the day.

“The Bill is pernicious and repressive. It will further weaponise the immigration process to arbitrarily deny entry to people, including foreigners, NRIs and PIOs, who are opposed ideologically or otherwise to the dispensation of the day,” he said.

Tewari maintained the Bill had “several draconian provisions that would allow the government to stop the entry of any foreigner on grounds that were very vast”. “This happened repeatedly during the farm stir when NRIs and PIOs who supported the agitation were either denied entry or deported from airports in India. There should be a provision for appeal against arbitrary decisions,” he said.

Trinamool MP Saugata Roy was equally apprehensive and said the “proposed law could prevent inflow of talent from outside in various fields”. “I beg to oppose the Bill. There are already four Bills in the country for the entry and exit of foreigners,” he said.

Restrictions on entry, exit, stay

Onus of proving citizenship lies on an individual

Seven-year jail, Rs 10 lakh penalty for those with fake passports

Forged documents can invite five-year jail and Rs 5 lakh fine

Foreigners can be denied entry based on concerns over national interest

Three-year jail, Rs 3 lakh fine for overstaying or trespassing in restricted areas

Immigration officers will have power to arrest individuals without a warrant and regulate movement of foreigners

Departures can be restricted if a person’s presence is required by an authorised agency

Some of the key features of the Bill are that it places the onus of proving citizenship on the individual and has a provision for a seven-year jail term for those holding fake passports.

Also, as per the Bill, foreigners can be denied entry based on concerns over national interest, and the burden of proof will lie on the individual rather than the state. No individual can enter India without a valid passport or visa and severe penalties will be imposed for overstaying or using forged documents.

The Bill proposes that foreigners must register themselves upon arrival in India and restrictions will apply to name changes, movement and access to protected areas. It also entails penalties for violations where entry without valid documents can get up to five-year imprisonment and a fine of up to Rs 5 lakh.

The use of forged documents can attract up to seven-year imprisonment, with fines ranging between Rs 1 lakh and Rs 10 lakh.

Overstaying, visa violations or trespassing in restricted areas can get up to three-year imprisonment and a fine of up to Rs 3 lakh.

Immigration officers will have the power to arrest individuals without a warrant and regulate the movement of foreigners. The Centre can also restrict departures if a person’s presence is required by an authorised agency.