Union Cabinet Approves Immigration and Foreigners Bill, 2025

New Delhi: The Union Cabinet has approved the draft Immigration and Foreigners Bill, 2025, a comprehensive legislation aimed at streamlining immigration laws and addressing issues related to foreigners and illegal migrants. The bill is expected to be introduced in the ongoing Budget Session of Parliament to replace multiple existing laws and simplify the legal framework governing immigration.

Objective: Replacing Colonial-Era Laws

The new legislation will repeal four existing acts, including:

• The Passport (Entry into India) Act, 1920
• The Registration of Foreigners Act, 1939
• The Foreigners Act, 1946
• The Immigration (Carriers’ Liability) Act, 2000

These laws, three of which date back to the pre-independence era, were originally enacted during the World Wars and are now seen as outdated. The Modi government has consistently emphasized the need to remove colonial-era laws and replace them with modern, comprehensive legislation.

“The proposed legislation is being enacted to eliminate overlapping provisions, avoid multiplicity of laws, and align with the Government of India’s policy of simplifying legal processes,” the Statement of Objects and Reasons of the bill states. The draft has already been circulated among Members of Parliament to facilitate a thorough discussion before its introduction.

Stringent Provisions Against Illegal Immigration

The Immigration and Foreigners Bill, 2025, introduces strict penal measures against individuals and entities that aid illegal immigration:

• Using or arranging fake passports: Punishable with imprisonment of up to seven years.
  
  
• Using or supplying fake travel documents: Punishable with 2-7 years in jail and a fine between ₹1 lakh and ₹10 lakh (current punishment: 2-8 years and a fine of ₹10,000-₹50,000).
  
  
• Overstaying in India: Punishable with three years in prison and a fine of up to ₹3 lakh (reduced from the existing five-year term).
  
  
• Entering India without valid documents: Punishable with 2-5 years in jail or a fine of up to ₹5 lakh (current punishment: 2-8 years in jail).

Accountability for Airlines and Shipping Carriers

The bill enhances the responsibilities of airlines, shipping companies, and other carriers in preventing illegal entry into India:

• Carriers transporting foreigners without valid documents will face an increased fine of ₹2-5 lakh (currently capped at ₹1 lakh).
• Carriers must provide detailed passenger and crew information, including advance passenger records.
• If a foreigner’s entry is refused, the carrier must take them back immediately.
• Failure to comply can lead to seizure or detention of the aircraft, ship, or other transport and even the sale of goods onboard to recover penalties.

Obligations for Educational Institutions and Hospitals

The bill also introduces new reporting requirements for universities, educational institutions, hospitals, and nursing homes that admit or treat foreign nationals. These institutions must submit details of foreign students and patients to designated registration officers.

Political Context and Enforcement Focus

Illegal immigration has remained a major political issue, particularly in states like West Bengal and Jharkhand, where the BJP has raised concerns over demographic changes due to illegal Bangladeshi migrants. The Immigration and Foreigners Bill, 2025, aims to empower authorities with enhanced legal provisions to clamp down on illegal immigration.

With stricter penal measures, increased accountability for logistics and educational institutions, and a clearer legal framework, the proposed law is expected to modernize India's immigration policies while strengthening national security and governance.