Migration has been a defining factor in human history, shaping civilizations, economies, and national identities. Over the past few decades, however, migration has become a politically charged issue worldwide, with developed and developing nations struggling to balance national security, economic opportunity, and humanitarian concerns.
The United States and Europe are witnessing intense political debates on immigration, with concerns about border security, illegal migration, and asylum policies dominating public discourse. Belarus has weaponized migration to pressure neighbouring Poland and Lithuania, while Turkey is using refugees as a bargaining tool with the European Union. Africa is grappling with climate-driven displacement, pushing people across national borders.
Against this backdrop, India has taken a proactive step to overhaul its immigration policies through the Immigration & Foreigners Bill, 2025, introduced in Parliament by the Ministry of Home Affairs. This bill aims to replace outdated laws while strengthening border security, facilitating legal migration, and ensuring national interests are safeguarded in a rapidly changing world.
India's approach to migration is shaped by its unique historical and geopolitical context. In just 75 years of modern history, the country has faced multiple immigration crises, including the 1947 Partition exodus, which displaced over 15-20 million people across newly created borders, the 1971 Bangladesh Liberation War, which led to the influx of over 10 million refugees into India, the expulsion of Indian-origin Ugandans under Idi Amin in 1972, and the continuous arrival of persecuted Hindu and Sikh refugees from Pakistan, Afghanistan, and Bangladesh. Despite these challenges, India has balanced security with humanitarian considerations while managing one of the largest and most complex migration ecosystems in the world.
Today, India stands at another critical juncture. As migration becomes a global security and economic issue, the country is reforming its immigration laws to reflect 21st-century realities.
The Immigration & Foreigners Bill, 2025, will replace four outdated laws, including colonial-era The Passport (Entry into India) Act, 1920, The Registration of Foreigners Act, 1939, The Foreigners Act, 1946, and wartime The Immigration (Carriers' Liability) Act, 2000. These laws were designed for an entirely different era and failed to address modern security threats, illegal migration, and technological advancements. The new bill streamlines, strengthens and modernizes India's immigration system.
The bill prioritizes border security and internal stability. Foreign nationals must register upon arrival, and restrictions may be imposed on their movement, name changes, and access to sensitive areas. This ensures that migration is not exploited for illegal activities while allowing genuine visitors and skilled professionals to enter seamlessly. The bill also empowers authorities to deny entry or stay to any foreign national deemed a threat to India's integrity.
The bill introduces stricter regulations to manage foreign nationals in India. Every foreigner must hold a valid passport and visa while entering or exiting India. Educational institutions, hospitals, nursing homes, hotels, and employers must report foreign nationals under their care to authorities. Airlines, shipping and transport operators will be held accountable for ensuring all passengers have valid documents. Further, it also has provisions to disallow a person from leaving the country, if his or her presence is required by any of the investigative or enforcement agencies.
The legislation empowers the Centre to exert control over places that are "frequented by any foreigner" and require the owner to close the premises, permit its use under specified conditions, or refuse admission to all or a "specified class" of foreigners.
For those violating immigration laws, the bill introduces harsher penalties. Illegal entry into India can lead to imprisonment of up to five years along with a fine of Rs 5 lakh. The use of forged documents can result in imprisonment of two to seven years, with fines ranging from Rs 1 lakh to Rs 10 lakh. Overstaying a visa may lead to up to three years of imprisonment and a Rs 3 lakh fine. Transporting foreigners without valid papers will attract a Rs 5 lakh fine and possible vehicle seizure. These stringent measures aim to deter illegal immigration while ensuring compliance with India's visa and entry regulations.
This legislation aligns with the government's policy of simplifying laws, promoting ease of doing business, and reducing compliance burdens. It balances national security concerns with the need to boost economic growth and tourism. While unrelated to citizenship matters, the bill aims to curb illegal migration, track overstaying foreigners, and streamline immigration processes.
The bill is a logical conclusion to the various technology-driven reforms undertaken by Amit Shah's Home Ministry to make the immigration process efficient and travellers-friendly. The e-Visa system, introduced in 2014, now covers 169 countries, reducing processing time from weeks to just one day. The Fast-Track Immigration Trusted Traveler Program (FTI-TTP) offers a seamless, biometric-based entry process for OCI cardholders and Indian travellers, reducing immigration clearance time from 2.5 to 3 minutes down to just 30 seconds. The Electronic Foreigners Registration system (e-FRRO) allows foreign nationals to manage their visas entirely online, and the Su-Swagatam app provides real-time visa guidance in 13 foreign languages across 60 countries. The Immigration, Visa, Foreigners Registration & Tracking project (IVFRT) has modernized 114 immigration check posts, reducing clearance time from five minutes to under two minutes. These initiatives reflect India's approach of ensuring security while promoting global mobility and economic integration.
In today's world, immigration is no longer just a movement of people; it is a geopolitical and economic force. India's new immigration framework ensures robust national security amid rising global migration risks, facilitates legal travel and business, eliminates outdated colonial-era laws, strengthens border control, and uses technology to enhance efficiency, reducing bureaucratic delays. As India's economy grows and global mobility increases, having a strong,
structured, and forward-looking immigration policy is not just necessary; it is essential for national progress.
India's migration policy has evolved from being reactive to proactive during last few years. With historical experiences of Partition, refugee crises, and regional conflicts, India understands the importance of balancing security with economic and humanitarian concerns. By introducing the Immigration & Foreigners Bill, 2025, the Ministry of Home Affairs is ensuring that India remains open to the world-on its own terms.
While we cannot control the winds beyond our borders, we can certainly shape the policies that define our nation's future. This legislation marks a new chapter in India's immigration history-one that is modern, secure, and globally competitive.
Abhishek Chaudhari is currently on an academic break to pursue a mid-career degree at Harvard Kennedy School.
Disclaimer: These are the personal opinions of the authors
