Immigration and Foreigners Act, 2025

The Immigration and Foreigners Act, 2025, came into force on September 1, 2025.
It replaces four outdated laws:
1. Passport (Entry into India) Act, 1920
2. Registration of Foreigners Act, 1939
3. Foreigners Act, 1946
4. Immigration (Carriers’ Liability) Act, 2000.

Key Provisions of the Act

The Act empowers the Central government to notify designated immigration posts for all legal entry and exit from India.
It provides for the setting up of the Bureau of Immigration to regulate foreigners’ entry, stay, & exit. It will also manage IT systems, record biometric data and advise on immigration policies.
- The Centre may delegate immigration functions to states, but retains overriding authority.
- The central government alone decides exemptions for entry, visa, or restricted-area permits.
Foreigners are required to register with designated Registration Officers upon arrival in India.
The Act makes it mandatory for hotels, universities, hospitals, and carriers to share information about foreigners with authorities. It aims to track individuals overstaying their permitted duration in the country.
The law allows the Central Government to regulate places ‘frequented by foreigners’ if posing a security or public order threat.
The Government may confine foreigners or regulate access to protected or restricted areas.
Police officers not below the rank of Head Constable are empowered to arrest without a warrant.
Penalties: Overstays and violations attract graded fines; some offences are compoundable.
- Limited appeal mechanism protects humanitarian cases & bona fide compliance errors.

Outdated Laws: Replaces fragmented, outdated laws with a consolidated immigration framework.
Digital Tracking: Mandatory e-reporting strengthens transparency and reduces enforcement loopholes.
Central Authority: Uniform exemptions and permits reduce ambiguity across jurisdictions nationwide.
Faster Resolution: Compounding offences reduces judicial burden and expedites case settlements.
Clear Roles: Precisely assigned responsibilities reduce overlaps between central and local authorities.

Centralisation: Excessive central authority limits state flexibility in immigration enforcement.
Unequal Fines: Differential penalties risk perceptions of discriminatory treatment across communities.
Weak Appeals: Absence of independent specialised tribunals limits fairness in reviewing penalties.
Data Risks: Mandatory databases raise privacy concerns without explicit legal safeguards.
Talent Impact: Stringent immigration rules may deter students, professionals, and medical tourists.

Digital Border: Implement the EU Entry/Exit biometric system for precise border management.
Visa Screening: Introduce ETIAS-style pre-arrival vetting for enhanced immigration security.
Appeals Tribunal: Mirror UK First-Tier Tribunal, ensuring independent immigration appeal reviews.
Case Review: Establish an Australian-style tribunal reviewing visa refusals and sponsorship cancellations.
Regional Forum: Adopt the Bali Process framework for cooperative immigration policy coherence.