Lok Sabha Passes Immigration Bill, Shah Asserts India Is Not a Hostel
- MGMMTeam
- Mar 28
- 5 min read
On March 27, the Lok Sabha passed the Immigration and Foreigners Act, 2025, a law designed to regulate the entry, stay, and departure of foreigners in India. Union Home Minister Amit Shah, addressing the lower house, stated that while India welcomes visitors for business, tourism, education, and medical treatment, it is not a "Dharamshala" (a free shelter or guest house). Simply put, anyone attempting to enter the country illegally will face strict penalties.
This new law repeals several existing immigration-related acts, including the Passport (Entry into India) Act of 1920, the Registration of Foreigners Act of 1939, the Foreigners Act of 1946, and the Immigration Act of 2000. It aims to enhance national security, simplify immigration procedures, and prevent illegal entry into India. Let's explore its key provisions and potential impact.
What is the objective of the law?
India welcomes millions of visitors each year from around the world, including tourists, students, business professionals, and refugees. However, some individuals enter the country illegally or overstay their visas, potentially posing a threat to national security. The key objectives of this new law are as follows:
Facilitate seamless travel to and from India.
Prevent illegal entry and overstaying.
Strengthen national security measures.
Ensure a hassle-free experience for legitimate travelers, including tourists, students, and entrepreneurs.
Provide necessary support to refugees fleeing hardships in their home countries.
The law will come into effect once the central government publishes a notification in the official gazette and formally announces its implementation.
Classification of Foreigners into Six Categories
One of the distinctive aspects of this law is its classification of foreigners into six categories, which helps define their rights and responsibilities. These categories are:
Tourists: Individuals visiting India for travel purposes.
Students: Those who come to India for educational pursuits.
Business visa holders (traders): Individuals engaging in business or trade activities.
Refugees: People seeking refuge in India due to persecution in their home country.
Illegal immigrants: Those who enter India without valid documentation.
Others: Individuals in India for various reasons, such as medical treatment.
By establishing these classifications, the government has ensured that each category of foreigner is subject to specific regulations.
Enforcement of Strict Legal Penalties
The primary emphasis has been placed on enforcing strict legal actions. Stringent penalties are in place for foreign nationals who unlawfully enter India, use falsified documents, or violate their visa conditions. The consequences for such violations include:
Illegal Entry: Individuals found entering India without proper documentation will be classified as illegal immigrants. They may face arrest, deportation, or placement on a blacklist.
Visa Overstay: Those who exceed their permitted stay could be penalized, with potential restrictions on re-entry for up to five years, even for minor violations. Additionally, they may receive a warning or be required to pay a fine.
Strict Measures for Repeat Offenders: Individuals who repeatedly violate immigration laws will face severe consequences, including long-term bans from entering India.
Attempting to Re-enter Illegally: A deported individual who tries to re-enter unlawfully may face a lifetime entry ban and a prison sentence of up to 10 years.
Serious Offenses: Engaging in fraud, major crimes, or acts of terrorism will result in deportation, imprisonment, and permanent blacklisting from India.
Exclusive Measures for Refugee Support
This law also considers refugees, implementing enhanced security measures for those escaping persecution and seeking refuge in India. These regulations, aligned with international standards, enable India to fulfill its humanitarian responsibilities. As a result, such individuals will receive legal recognition and necessary support to ensure their safety.
Streamlined Visa Process
The visa process has been simplified for individuals visiting India for legitimate purposes, such as tourism, study, or business. The revised law has streamlined the application procedure, making it quicker and more efficient. Nine categories of electronic visas have been introduced, including e-tourist, e-business, e-medical, e-medical attendant, e-AYUSH, e-preacher, e-student, and e-student dependent visas. Similarly, entry and exit procedures have been made more convenient. However, stricter regulations have also been enforced.
Students and tourists are prohibited from working or engaging in any form of business.
Business visa holders cannot take up salaried employment in India.
A visa will be revoked if the holder is found involved in criminal activities or fraud.
Additionally, visas obtained through fraudulent documents or by individuals posing a threat to national security will be canceled.
Mandatory Notification to FRRO
Another important regulation under the law requires foreign nationals to promptly inform the Foreign Regional Registration Office (FRRO) of any changes to their provided information while in India, including updates to their address, employment, or university. Failure to comply with this rule may result in a fine or expulsion from the country.
Who Qualifies as an Illegal Immigrant?
The law clearly defines who qualifies as an undocumented immigrant. Anyone entering India without the necessary documents or overstaying their visa will be classified as such. These individuals may face severe consequences, including imprisonment, deportation, or being added to a blacklist, as authorized by the authorities.
What do the numbers indicate?
The law also presents figures highlighting the scale of India’s illegal immigration issue. As of March 20th, approximately 14 lakh individuals were residing in India without proper documentation. Of these, 5% are from Bangladesh, Sri Lanka, Myanmar, and Afghanistan, respectively, while the remaining 80% originate from Nepal, Bhutan, the Maldives, and various African nations.
In terms of visa status, 5% are tourists, 5% are students, 5% hold business visas, 5% are refugees, and another 5% are undocumented immigrants, with the remaining 70% falling into other categories. Among them, 5% have attempted to overstay their visa, 5% have used forged documents, and 5% entered without proper paperwork, while the remaining 85% have violated other regulations.
Enforcement actions show that 5% have received warnings, 5% have been fined, 5% have been deported, and 5% have been blacklisted, with further action taken against the remaining 80%. These statistics underscore the significance of illegal immigration, prompting the government to address the issue through the new law.
What Impact Will It Have?
The new law will have far-reaching effects.
This bill aims to restrict unauthorized immigration by imposing strict penalties on anyone attempting to enter India illegally, potentially reducing such incidents. Individuals traveling to India with legitimate purposes will experience a more streamlined process. Legal assistance will be available to refugees, enhancing their quality of life.
The Immigration and Foreigners Act 2025 is designed to create a transparent and secure immigration system in India. It clearly outlines what foreigners can and cannot do, detailed in its various sections and subsections. The law’s primary objectives are to deter illegal immigration, bolster national security, and simplify the entry process for lawful travelers, while also protecting the rights of refugees.
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