Immigration and Foreigners Act, 2025

A new law, the Immigration and Foreigners Act, 2025, was enacted to regulate matters related to foreigners and immigration, effective from September 1, 2025. The law introduces stringent punishments for carrying forged passports or visas and repeals older legislation.

Key Provisions

• Imprisonment of 2-7 years and fines ranging from Rs 1-10 lakh for using or supplying forged passports or visas.
• Up to 5 years in jail or a fine of Rs 5 lakh for illegal entry into restricted areas.
• Mandatory reporting by hotels, universities, and hospitals on foreign nationals.
• Airlines and ships must provide advance passenger and crew data.
• Government can regulate or close premises frequented by foreigners.
• Repeals four older laws concerning passports, foreigners, and immigration.

Forged Passports and Visas

The Act establishes a strict framework against entering, staying in, or exiting India with fraudulent travel documents, emphasizing severe penalties for violations.

Mandatory Reporting Rules

Facilities like hotels, universities, and healthcare institutions must report information about foreign nationals to track overstayers. Transportation companies are required to submit passenger and crew manifests before arrival.

Control Over Premises

The government has the authority to regulate places frequented by foreigners, which may include shutting down or restricting access to certain premises.

Repeal of Earlier Laws

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

Expert Opinion

Ketan Mukhija from Burgeon Law views the Act as modernizing India's immigration laws and enhancing national security, but notes potential practical challenges. He suggests improving appeal mechanisms against immigration officers' decisions and ensuring security measures do not hinder legitimate travelers.

International Practices

• United States: Uses AI tools under the "Catch and Revoke" system to identify and revoke visas for individuals linked to terrorist groups.
• Australia: Allows detention of non-citizens deemed risks, though limited by a 2023 High Court ruling against indefinite detention of stateless persons.
• Gulf Countries: Saudi Arabia, Bahrain, and Kuwait have deported numerous migrant workers on security grounds with limited appeal options.