SYLLABUS

GS2: Functions and Responsibilities of the Union and the States; Statutory Bodies; Government Policies and Interventions in various sectors and Issues arising out of their Implementation. 

GS3: Role of external state and non-state actors in creating challenges to internal security; Security Challenges and their Management in Border Areas.

Context: 

Recently, the Union Ministry of Home Affairs notified the rules to govern the Immigration and Foreigners Act, 2025. 

Key Provisions of Immigration and Foreigners Act 2025

• Repealed legislation: The Immigration and Foreigners Act, 2025, effectively repeals four previous legislations, including the Passport Act of 1920, the Registration of Foreigners Act, 1939, the Foreigners Act, 1946 and the Immigration (Carriers’ Liability) Act of 2000. 

• Reporting of Information:

• The Act mandates hotels, universities, hospitals, and nursing homes to report information on foreigners to help track overstays.
• Airlines and sea-carriers will have to submit all details of passengers and crew to the Bureau of Immigration (BOI) within 15 minutes of departure.

• Frequented by any foreigner: The Act allows the central government to regulate places frequented by foreigners, including ordering closures, setting usage conditions, or restricting entry for certain foreign nationals.

• Bureau of Immigration: The Act gives statutory backing to BOI (established in 1971) to examine cases of immigration fraud, and coordinate with the States to identify, deport or restrict the movement of foreigners, and collate and maintain the immigration database.

• The Central Government appoints the Commissioner, who supervises the Bureau.
• The Commissioner of the Bureau will be assisted by Foreigners Regional Registration Officers (FRROs), Foreigners Registration Officers, and Chief Immigration Officers. 

• Registration of foreigners: The foreigners on arrival in India shall be required to register with the designated Registration Officers. 

• The act permits biometric data collection of all foreigners, with the Immigration Bureau managing IT systems and maintaining related data.

• Visit to Protected or Restricted area or Prohibited places: Foreigners are barred from entering or staying in Protected, Restricted, or Prohibited areas without a special permit from the designated authority. 

• Detention Centres: The Act mandates every state government and Union Territory administration to set up dedicated holding centres (detention camps) to restrict the movement of illegal foreigners till they are deported. 

• Punishments:

• Any foreigner entering India without valid documents or in violation of the law may face up to five years' imprisonment, a fine up to ₹5 lakh, or both.
• Using a forged passport or visa to enter, stay in, or exit India can lead to up to 7 years in jail and a fine of up to ₹10 lakh.
• A foreigner who overstays their visa, violates visa conditions, or stays without valid documents may face up to 3 years in jail, a fine up to ₹3 lakh, or both.

Immigration and Foreigners (Exemption) Order, 2025

• Along with the Rules, the Central Government also issued Immigration and Foreigners (Exemption) Order, 2025 under Section 33 of the Immigration and Foreigners Act, 2025, providing exemptions to certain categories from the Act. 

• This new order replaces the Registration of Foreigners (Exemption) Order, 1957, and Immigration (Carriers’ Liability) Order, 2007.

• Some of the exemptions include – 

• members of the Indian naval, military, or air forces and their accompanying family members travelling on government transport
• citizens of Nepal or Bhutan entering India by land or air across the Nepal and Bhutan border
• specified minority migrants (Hindus, Sikhs, Buddhists, Jains, Parsis, Christians) from Pakistan, Afghanistan, and Bangladesh who entered India on or before December 31, 2024 
• registered Sri Lankan Tamil nationals who have taken shelter in India upto January 9, 2015 

Sources:

https://prsindia.org/files/bills_acts/acts_parliament/2025/The_Immigration_and_Foreigners_Act,_2025.pdf https://www.indiatoday.in/india/story/india-strict-foreigners-illegal-migrants-new-rules-home-ministry-empower-immigration-bureau-aliens-fake-visa-passport-2780644-2025-09-02 https://www.thehindu.com/news/national/bureau-of-immigration-empowered-to-examine-immigration-fraud-deport-foreigners/article70001481.ece