Understanding new 'Immigration Bill' and its impact on foreigners entering India

The hawala trade, illegal immigration, infiltration of arms and ammunition, and the growing influence of drug cartels have long been major concerns for India’s security agencies.

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While many individuals enter India through illegal channels, others gain lawful entry but engage in criminal activities and overstay their visas. Whether through unlawful infiltration or the illegal trade of contraband, these issues are closely tied to immigration, both directly and indirectly.

For the security of any country, it is crucial for the government to know who is entering its borders, when they are entering, how long they will stay, and the purpose of their arrival.

To address the issues and gaps in the country’s existing laws, the Lok Sabha passed the Immigration and Foreigners Bill, 2025 on March 27. This legislation aims to overhaul and modernise India’s immigration system.

Union Home Minister Amit Shah was stern in his response when he addressed the discussion on the Bill in the Lok Sabha. “This country is not a Dharmashala (shelter home) where anyone can come and reside here,” the Home Minister remarked.

However, even though this is the 78th year of India's Independence, it is not as if there were no laws in place to monitor the entry of foreigners into the country. Nonetheless, the new Bill is being viewed as a unified framework for immigration.

The Colonial laws

The Immigration Bill, which aims to regulate immigration, entry, and stay of foreigners in India, repeals four colonial-era laws that were enacted even before India gained independence.

The four laws were -- Passport (Entry into India) Act, 1920, the Registration of Foreigners Act, 1939, the Foreigners Act, 1946, and the Immigration (Carriers’ Liability) Act, 2000.

These legislations were enacted under exceptional circumstances, such as the First and Second World Wars, and contain overlapping provisions warranting a harmonised legislation. The Immigration and Foreigners Bill, 2025 addresses these issues by establishing a modern, cohesive legal framework.

The old laws contained a total of 45 sections, whereas the new Bill has 36 sections—26 from the previous laws and 10 new ones. Experts believe that by consolidating the four “colonial laws,” the government has established a comprehensive and modernised framework for immigration control and foreigner registration.

Stricter entry now

One of the key provisions of the new Bill mandates that all individuals entering or exiting India must possess a valid passport, and for foreigners, a visa or other prescribed travel documents. Immigration officers will have the authority to inspect these documents to ensure compliance with entry regulations.

Additionally, airlines, shipping companies, and other carriers will be required to submit details of crew members and passengers to authorities prior to arrival. Any carrier found transporting undocumented individuals will face substantial penalties, including fines of up to Rs 5 lakh and potential seizure of the transport.

Categorisation of Foreigners

To streamline immigration, the Bill categorises foreigners into six groups: tourists, students, skilled workers, business visitors, refugees and asylum seekers, and illegal immigrants.

Each category will have specific visa requirements, permissible stay durations, and renewal conditions. This structured approach will enable authorities to effectively track and regulate the movement of foreign nationals within India.

Enhanced security, penalty

A key aspect of the Bill is the implementation of enhanced surveillance and security protocols. Every foreign national entering India will be systematically recorded, ensuring that authorities have real-time data on the purpose of their visit and the duration of their stay. The law also empowers the government to deport illegal immigrants more efficiently.

The Bill also introduces stringent penalties for violations. Foreigners using forged passports or visas to enter, stay, or leave India could face imprisonment of up to seven years and fines of up to Rs 10 lakh. Educational institutions and employers who fail to report foreign students or workers will also be subject to penalties.

Previously, the blacklist prepared by intelligence agencies had no legal validity. However, under this new Bill, the blacklist will be given statutory support, and individuals on the list will be denied entry into the country.