New Immigration Rules Implemented in India

The Union Ministry of Home Affairs (MHA) has recently notified the operationalization of the Immigration and Foreigners Act, 2025, which was passed by Parliament in April. This Act consolidates and supersedes earlier legislation, specifically repealing 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. These changes were deemed necessary to eliminate the redundancy of laws regarding travel documents and immigration processes.

Key highlights of the Immigration and Foreigners Act, 2025 include:

• Legal Authority to Examine Immigration Fraud: For the first time, the Bureau of Immigration (BOI) is explicitly designated by law to investigate immigration fraud, coordinate with state bodies, and manage an immigration database. Previously, such functions were regulatory but not legally defined.

• Biometric Data Collection: The new rules allow for the mandatory collection of biometric information from all foreigners, which expands on the previously limited categories to enforce this requirement based on executive orders.

• Foreign Students Monitoring: Educational institutions are mandated to inform the Foreigners Regional Registration Office (FRRO) about all foreign students, including details on their academic performance and conduct.

• Closure of Premises: The updated rules expand the definition of "undesirable" foreigners to include illegal migrants, alongside criminals and members of unlawful associations, allowing authorities to shutter venues frequented by such individuals.

• Judicial Powers to Foreigners Tribunals: Foreigners Tribunals (FTs) in Assam have been granted the authority equivalent to that of a first-class judicial magistrate, enabling them to issue detention orders for individuals who cannot prove their nationality.

• Assam's Specific Context: Currently, Assam has 100 FTs, a system born out of the need to address citizenship issues following the Supreme Court's intervention regarding the National Register of Citizens (NRC). Although the order is nationwide, FTs are operational only in Assam.

• Preventive Measures: Border forces, including the Border Security Force (BSF) and the Assam Rifles, legally gained the authority to prevent illegal entry attempts and to collect biometric and demographic data of individuals intercepted at borders.

• Refusal of Entry Criteria: The Act explicitly lists reasons for refusal of entry to foreigners, such as conviction for serious crimes or involvement in anti-national activities and terrorist offenses.

• Exemptions Granted: Citizens from Nepal and Bhutan, as well as registered Tamil refugees from Sri Lanka who arrived before January 9, 2015, have been exempted from certain requirements of the Act. The legislation also provides protection for undocumented migrants from specified minority communities in Afghanistan, Bangladesh, and Pakistan, allowing them to apply for long-term visas without facing penal consequences until December 31, 2024.

Important Sentences:

• The Immigration and Foreigners Act, 2025 was notified by the MHA to regulate immigration and foreigner-related matters in India.
• This new Act repeals multiple earlier laws concerning foreign entry and immigration.
• The Bureau of Immigration has been legally empowered to combat immigration fraud.
• Collection of biometric data from all foreigners is now mandated under the new rules.
• Educational institutions must report on foreign students’ academic performance to the FRRO.
• Foreigners Tribunals now possess judicial powers to detain individuals contesting their nationality.
• The new order extends the authority of border forces to prevent illegal entry attempts legally.
• Specific exemptions are provided for certain categories of foreigners and undocumented migrants as per the new rules.

This summary elaborates on the significant changes brought about by the Immigration and Foreigners Act, 2025, reflecting India's evolving approach to immigration and security management.