Immigration and Foreigners Act, 2025: Redefining Foreigner Management

Historically, India’s immigration framework was governed by four separate laws: the Passport (Entry into India) Act, 1920; the Registration of Foreigners Act, 1939; the Foreigners Act, 1946; and the Immigration (Carriers’ Liability) Act, 2000. Rooted largely in the colonial era and scattered across different enactments, these legislations were increasingly seen as inadequate to meet modern challenges such as transnational crime, irregular migration, terrorism, and the demands of digital information management in border control.

To address these gaps, a comprehensive new law – The Immigration and Foreigners Act, 2025 (IFA, 2025) – was enacted and brought into force on 1 September 2025, repealing those four Acts and consolidating India’s immigration law into a single legal framework. This strategic overhaul aims to align India’s immigration practices with international standards while simultaneously enhancing the nation’s security apparatus.

Key Provisions of the Immigration and Foreigners Act, 2025:

1. Legislative Unification (section 36):

Section 36, consolidates and replaces four older laws dating back to the colonial period: the Passport (Entry into India) Act of 1920, the Registration of Foreigners Act of 1939, the Foreigners Act of 1946, and the Immigration (Carriers’ Liability) Act of 2000. The objective is to create a unified and streamlined legal structure governing the admission, registration, permitting, and overall management of individuals who are not citizens of India.

2. Mandatory Travel Credentials (Section 3):

Section 3 mandates that all foreign nationals must carry a valid passport or an equivalent travel document, along with an appropriate visa. Immigration authorities reserve the right to deny entry to individuals who are deemed to pose a threat to national security, public health, or international diplomatic relations.

3. Centralised Immigration Authority (Section 5):

Section 5 establishes the Bureau of Immigration (BoI), led by a Commissioner and supported by FRROs and Immigration Officers.

4. Mandatory Foreigner Registration (Section 6, 8 and 10):

Section 6 mandates registration of all foreign nationals upon arrival. Sections 8–10 impose reporting duties on hotels, educational institutions, and healthcare providers regarding foreign guests, students, and patients.

5. Limits on Non-Citizen Mobility (11, 12, 7 & 14):

Section 11 regulates access to Protected, Restricted, and Prohibited Areas. Section 12 restricts name changes during stay. Sections 7 & 14 empower civil authorities to limit movement, residence, and associations of foreign nationals.

6. Transportation Provider Accountability (Section 17, 18 & 19)):

Section 17 requires carriers to submit API and PNR data. Sections 18–19 impose fines (up to ₹5 lakh) and repatriation duties for inadmissible passengers.

7. Violations and Sanctions (Section 21, 22, 23, 24 & 25):

1. Section 21

   addresses illegal entry with potential penalties of up to five years in prison and a ₹5 lakh fine.

2. Section 22

   deals with the use of counterfeit documents, carrying a prison term of two to seven years and a fine of ₹1–10 lakh.

3. Section 23

   specifies penalties for visa overstays, which can result in up to three years of imprisonment or a ₹3 lakh fine or with both.

4. Section 24

   states that aiding or facilitating any of these offenses is subject to the same punishment as the original crime. Finally,

5. Section 25

   introduces a mechanism for resolving minor infractions through administrative means, known as compounding.

8. Authority for Implementation (Section 26, 27 & 29):

Under Section 26, law enforcement officials holding the rank of Head Constable or higher are authorized to make arrests without a warrant. Section 27 grants civil authorities the discretion to employ necessary and proportionate force to ensure compliance with directives. Furthermore, Section 29 reserves the authority with the Central Government to repatriate non-citizens who contravene any regulation or order, or whose presence is deemed a security risk.

9. Power Distribution and Exemptions (Section 28 & 33):

Central Government possess the power under Section 28 to assign their responsibilities to state entities or lower-ranking officials, while Section 33 provides a mechanism for granting exemptions to particular individuals, collectives, or transportation providers, frequently as a means of fulfilling commitments made on the international stage.

10. Abrogation Provisions (Section 36):

Section 36 formally repeals legacy laws and validates prior actions under them, unless inconsistent with the new Act.

11. Transitional Provisions (Section 36):

Section 36 ensures legal continuity for actions taken under repealed laws, preserving their validity unless they conflict with the new framework.

What Experts Think about the New 2025 Immigration Law:

Experts have mixed feelings about India’s new Immigration and Foreigners Act of 2025. They agree it’s a step forward in modernizing things, but they also see some big problems.

What’s Good About It:

1. Outdated Laws Replaced:

   People think it’s good that the old, colonial-era laws about immigration have been replaced by one new, clearer law. This should make things run more smoothly.

2. Technology Use:

   The law’s focus on using technology is a big plus. It requires using digital IDs, collecting fingerprints and other biometrics, and sharing information electronically. This is meant to help manage borders better, keep track of foreigners, and stop people from staying in the country illegally, which is good for national safety.

3. More Responsibility:

   It’s also seen as a smart move that hotels and schools, among others, are now responsible for helping to manage immigration rules. This adds more layers of oversight.

What’s Not So Good (Concerns):

Even though there are good changes, experts are worried about parts that could lead to unfair treatment and a lack of accountability.

1. No Data Privacy Rules:

   The IFA 2025 lacks detailed provisions on how sensitive personal data of foreign nationals will be collected, stored, and shared, raising privacy concerns despite existing national data protection law.

2. Unclear Power for Officials:

   The law gives immigration officers a lot of power to stop people from entering or to detain them, using reasons like “national security.” However, it’s not clear how people can appeal these decisions or if there’s a way for judges to review them. This could lead to people being unfairly detained.

3. Unfair Refugee Policy:

   Many experts criticize the law for appearing to favour certain religious groups from neighbouring countries while excluding others. Critics argue that this approach is inconsistent with India’s international obligations, including the 1951 Refugee Convention and the International Covenant on Civil and Political Rights (ICCPR). Since India lacks a dedicated refugee law, asylum seekers often do not receive formal protection or assistance.

Comparative Legal Table – Addressing Key Loopholes:

The table below highlights key gaps and challenges in the Immigration and Foreigners Act, 2025, and illustrates how leading countries have addressed similar issues through established legal frameworks and best practices.

The table highlights key weaknesses in the immigration framework and pairs each with established global best practices and illustrative country examples. Major loopholes include the absence of an appeal mechanism, excessive executive powers, ambiguous legal definitions, privacy risks, lack of protection for stateless or refugee persons, absence of regularization pathways, and weak oversight.

Additional concerns involve strict carrier liability, disproportionate penalties, and misalignment with international treaties. The recommended practices – such as independent tribunals, judicial oversight, statutory clarity, data protection integration, asylum provisions, regularization schemes, and independent monitoring – reflect approaches adopted by countries like the UK, Canada, Germany, Australia, Sweden, and Norway. Overall, the table underscores that aligning domestic laws with international standards, ensuring checks and balances, and protecting human rights are essential to creating a fair, transparent, and accountable immigration system.

Reform Recommendations:

1. Establish an Autonomous Review Tribunal:

   Create an independent, quasi-judicial body dedicated to impartially reviewing immigration decisions, including those pertaining to detention, deportation, and visa denials, drawing inspiration from established international models like Canada’s Immigration and Refugee Board to guarantee fair hearings and due process.

2. Mandate Precise Statutory Definitions:

   Enact clear, unambiguous legal definitions for crucial terms such as “unauthorized foreign national,” “restricted zones,” and “national security risk” within the governing legislation to prevent arbitrary interpretation and ensure consistent application.

3. Implement Robust Data Security and Privacy Measures:

   Integrate stringent data protection protocols, aligned with leading international standards like India’s Digital Personal Data Protection Act, 2023, or GDPR principles, to secure sensitive biometric and digital identity data of foreign nationals. This must include strict limits on data retention and mandatory encryption for all sensitive information.

4. Develop a Comprehensive Refugee and Statelessness Framework:

   Formulate and enact a dedicated national law for the protection of refugees and the resolution of statelessness, grounded in international humanitarian principles and UNHCR guidelines, clearly outlining asylum procedures, rights, and pathways to status.

5. Introduce Transparent Regularization Pathways:

   Establish clear and accessible mechanisms allowing long-term undocumented residents to apply for legal status based on criteria such as duration of residency, verifiable employment, family connections, or compelling humanitarian considerations.

6. Appoint an Independent Immigration Ombudsman:

   Create the role of an autonomous Immigration Ombudsman empowered to monitor enforcement practices, investigate complaints from foreign nationals, and publish annual reports, thereby providing an accessible and impartial grievance resolution mechanism.

7. Revise Carrier Liability Provisions with Exceptions:

   Amend existing carrier liability regulations to incorporate good-faith exceptions for situations where carriers unknowingly transport individuals with expertly forged documents or are compelled to act during genuine humanitarian emergencies.

8. Implement a System of Graduated Penalties:

   Differentiate clearly between minor administrative infractions and more serious criminal offenses within immigration law, instituting a system of graduated penalties to ensure that legal consequences are proportionate to the severity of the violation.

9. Ensure Treaty Harmonization and Compliance:

   Mandate that all domestic immigration and foreigner-related legislation, policies, and administrative procedures are fully aligned with and uphold the nation’s international human rights obligations, including conformity with ratified treaties such as the ICCPR and the UN Refugee Convention.

10. Launch Comprehensive Public Awareness Campaigns:

    Initiate extensive, multilingual public awareness and outreach programs designed to educate foreign nationals about their rights, responsibilities, and the correct procedural steps, while also informing relevant institutions about these frameworks.

11. Establish Accountable Discretionary Powers:

    Issue explicit, publicly accessible guidelines for immigration authorities regarding the exercise of their discretionary powers, coupled with mandatory reporting and transparent disclosure mechanisms to prevent misuse, corruption, and ensure accountability.

12. Mandate Enhanced Official Training:

    Implement continuous, mandatory training programs for all immigration officials focusing on human rights principles, ethical use of technology, cultural sensitivity, and the efficient and fair application of procedures to foster respectful and effective enforcement.

13. Foster International Collaboration:

    Actively promote and engage in international cooperation and information sharing with global organizations and other nations to exchange best practices in migration management, enhance border security, and coordinate humanitarian responses.

Conclusion:

The Immigration and Foreigners Act, 2025 marks both a consolidation of fragmented colonial-era statutes and a significant modernization of India’s immigration framework. By integrating digital identity systems, biometric verification, and centralized oversight through the Bureau of Immigration, the Act streamlines administrative processes while strengthening national security. At the same time, provisions for compounding minor offences and granting exemptions to specific categories of foreign nationals reflect a deliberate effort to balance enforcement with flexibility.

However, the true impact of the Act will depend on its implementation. Robust safeguards -particularly concerning data privacy, judicial oversight, and non-discriminatory protections for refugees – are essential to ensure that modernization does not come at the expense of human rights or accountability. If such checks are meaningfully embedded in practice, the IFA 2025 holds the potential to establish a fair, secure, and globally aligned immigration regime for India.

(The views expressed are solely for academic purposes.)