Why in the News?

The Union Ministry of Home Affairs (MHA) is ready to present the Immigration and Foreigners Bill 2025 during the second part of the Budget session. The bill will replace the four existing laws governing immigration and the movement of foreigners.

What are the contours of the Immigration and Foreigners Bill, 2025? 

• Repeal of Existing Laws: The Bill seeks to repeal four outdated laws—Foreigners Act, 1946; Passport (Entry into India) Act, 1920; Registration of Foreigners Act, 1939; and Immigration (Carriers’ Liability) Act, 2000—creating a unified and modern legal framework for immigration and foreigners’ movement.
• Streamlining of Immigration Procedures: It consolidates various provisions related to passport requirements, visa regulations, foreigners’ registration, and immigration officers into a single, comprehensive document, simplifying the immigration process and reducing overlaps.
• Security and National Interests: The Bill introduces specific grounds for refusing entry or stay, including threats to national security, sovereignty, public health, and relations with foreign states, providing a legal basis for rejecting foreign nationals on these grounds.
• Penal Provisions: The Bill imposes stringent penalties, including up to five years of imprisonment or ₹5 lakh fine for entering without proper documents, and up to seven years imprisonment and a fine of ₹10 lakh for using forged travel documents.
• Responsibilities of Institutions: It mandates educational institutions, hospitals, and accommodation providers (hotels/guest houses) to register foreign nationals and share their details with authorities, improving the tracking and monitoring of foreigners within India.

What are the obligations for admitting foreign nationals? 

• Educational Institutions and Hospitals: Universities, colleges, and medical institutions are required to admit foreign nationals and register them with authorities, ensuring proper tracking of their stay and activities in India.
• Accommodation Providers: Hotels, guest houses, and other lodging facilities must collect and share the passport details of foreign nationals with the police, facilitating monitoring and identification.
• Compliance with Registration Requirements: Foreign nationals are obligated to comply with the registration and reporting requirements set by the authorities, including staying within legal frameworks for their stay duration and purpose of visit.

How does the Bill penalise the use or supply of forged passports, visas, or other travel documents?

• Imprisonment for Using or Supplying Forged Documents: The Bill mandates imprisonment for at least two years, which could extend to seven years for individuals using or supplying forged travel documents.
  • Example: If someone uses a forged passport to enter India, they could face a prison term ranging from two years to seven years.
• Imposition of Hefty Fines: Offenders will be penalized with fines ranging from ₹1 lakh to ₹10 lakh, depending on the severity of the offence.
  • Example: If a travel agent is caught supplying forged visas to multiple foreign nationals, they could be fined up to ₹10 lakh.
• Penalizing Fraudulent Passport and Visa Usage: The Bill specifically criminalizes the fraudulent use of passports or visas to gain entry into India, with severe consequences.
  • Example: A person entering India with a visa obtained through misrepresentation of their identity or travel intentions could face up to seven years in prison and a fine.
• Severe Penalties for Large-Scale Document Fraud: The Bill has provisions for severe penalties if an individual is found to be involved in a large-scale operation of producing or distributing forged documents.
  • Example: A network of individuals producing fake tourist visas for people intending to stay illegally in India would face multiple years of imprisonment and significant fines.
• Deterrence for Document Fraud: The Bill aims to act as a strong deterrent against illegal activities related to forged documents by combining long prison sentences and high fines to dissuade such practices.
  • Example: An individual found using a fraudulent visa to work in India illegally might be arrested, detained, and penalized, both by imprisonment and a fine, to prevent further illegal entry attempts.

Way forward: 

• Enhance Enforcement and Training: Strengthen the capacity of immigration authorities and law enforcement by providing specialized training on detecting forged documents and ensuring effective implementation of registration requirements, especially for educational institutions and accommodation providers.
• Promote Public Awareness and International Cooperation: Launch awareness campaigns for foreign nationals and stakeholders, such as travel agents, to emphasize the legal consequences of document fraud.

Mains PYQ:

Q How does illegal transborder migration pose a threat to India’s security? Discuss the strategies to curb this, bringing out the factors which give impetus to such migration. (UPSC IAS/2014)

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