Overview: The Immigration and Foreigners Act, 2025
The Immigration and Foreigners Act, 2025 marks a pivotal transformation in India’s immigration governance. It replaces a fragmented colonial-era regime with a unified, security-conscious, and digitally integrated legal framework. While jurisprudence under the new Act is still evolving, legacy cases and early judicial commentary offer critical insights into its constitutional and procedural implications.
From Fragmented Statutes to a Unified Law
| Aspect | Old Laws (Repealed) | Immigration and Foreigners Act, 2025 |
| Framework | Dispersed across four statutes: The Passport (Entry into India) Act, 1920; The Registration of Foreigners Act, 1939; The Foreigners Act, 1946; and The Immigration (Carriers’ Liability) Act, 2000. | Consolidated into a single comprehensive Act governing entry, visa, registration, and deportation. |
| Institutional Control | No centralized authority; enforcement was fragmented across agencies. | Establishes the Bureau of Immigration (BoI) with statutory powers and centralized oversight. |
| Entry & Exit | Passport and visa requirements were scattered across multiple laws. | Mandates both a valid passport and visa. Entry may be denied on grounds including national security and public health. |
Key Provisions and Case-Informed Compliance
Mandatory Digital Reporting
The Act introduces mandatory digital reporting by Indian entities interacting with foreign nationals, reinforcing procedural accountability:
- In Abdul Rahman v. State of Kerala (2010), the Kerala High Court emphasized the need for accurate registration of foreign nationals to prevent misuse of long-term visas.
- The new biometric and institutional reporting requirements aim to pre-empt such lapses by embedding accountability into the system.
Enhanced Penalties and Procedural Streamlining
The Act codifies stricter penalties for immigration violations, addressing longstanding judicial concerns:
- Unauthorized Entry: Punishable by up to 5 years’ imprisonment or a fine of ₹5 lakh.
- Forged Documents: Attracts 2–7 years’ imprisonment and fines ranging from ₹1–10 lakh.
- Compounding of Offences: Introduced for minor infractions to reduce judicial backlog and promote administrative efficiency.
These provisions respond to concerns raised in Mohd. Zakir v. State of Bihar (1997), where the court highlighted the inadequacy of deterrents under the previous legal regime.
Legal Orders and Emerging Constitutional Scrutiny
Immigration and Foreigners (Exemption) Order, 2025
This Order exempts certain religious minorities from Afghanistan, Bangladesh, and Pakistan who entered India before December 31, 2024, from being treated as illegal migrants.
- The exemption mirrors the logic of the Citizenship Amendment Act (CAA), 2019, and is likely to face constitutional scrutiny under Article 14.
- In Harsh Mander v. Union of India (2020), the Supreme Court admitted petitions challenging religion-based exclusions under the CAA. Similar arguments are expected to surface against this Order.
Immigration and Foreigners Order, 2025 (Foreigners Tribunals)
This Order strengthens the powers of Foreigners Tribunals (FTs), equipping them with authority akin to First Class Judicial Magistrates.
- FTs may now issue arrest warrants and detain individuals pending deportation, raising concerns around due process and natural justice.
- In Union of India v. Ghaus Mohammed (1961), the Supreme Court upheld the principle that the burden of proof lies on the individual to establish citizenship—but emphasized procedural fairness.
- The 2025 Order codifies detention mechanisms that may be tested against evolving standards of habeas corpus protections and administrative discretion.
Conclusion
The Immigration and Foreigners Act, 2025 represents a decisive shift in India’s immigration jurisprudence—centralizing authority, digitizing compliance, and recalibrating enforcement. As judicial review unfolds, particularly around the Exemption Order and Tribunal powers, courts will likely revisit foundational principles of equality, due process, and administrative fairness. These developments will shape the contours of India’s immigration law for years to come.
