India has enacted a new immigration law that reshapes the legal framework governing the entry, stay, and exit of foreign nationals. The Immigration and Foreigners (Exemption) Order, 2025, issued under the Immigration and Foreigners Act, 2025, which came into effect on September 1, 2025, marks a significant shift from the fragmented and pre-Independence statures that had previously regulated these matters. Accompanied by new Rules and Orders, this act consolidates, updates, and in some areas, redefines India’s immigration regime.
A Long Overdue Reform
Prior to the enactment of this law, India’s immigration system operated under a patchwork of outdated statues: the Passport (Entry into India) Act, 1920, the Registration of Foreigners Act, 1939, the Foreigners Act, 1946, and the Immigration (Carriers’ Liability) Act, 2000. These laws, many of which had been enacted before India’s Independence, often overlapped and contradicted one another. Exemptions for different categories of people, like Tibetan refugees or Sri Lankan Tamils, were scattered across numerous executive orders and notifications making them hard to interpret and implement consistently.
The Immigration and Foreigners Act, 2025 aims to simplify and modernise this complex system. It was passed by the Lok Sabha on March 27, 2025, Rajya Sabha on April 2, 2025, and it received the president’s assent on April 4, 2025. The act now serves as a single legal backbone for all immigration-related matters.
Key Features of the Act
The act brings clarity to several core areas, including documentation, registration, reporting, enforcement, and exemptions. Some salient features include:
Mandatory Documentation All individuals entering India must possess valid passports or travel documents, and foreign nationals are also required to have valid visas. The act outlines explicit exemptions to this rule, which are issued solely by the central government, eliminating local discretion at and ensuring uniformity across states.
Designated Entry and Exit Points Foreigners may enter or leave India only through immigration posts officially designated by the government. These include airports, seaports, land borders, and specific railway posts.
Institutional Measures The act provides for the setting up of a Bureau of Immigration to perform core immigration functions (visa issuance, regulation of entry/exit, transit, and movement within India). A commissioner appointed by the central government will supervise these functions. It also specifies local registration architecture: district superintendents of police (SPs)/deputy commissioners of police (DCPs) are designated as the local civil authority for immigration and foreigners’ regional registration officers (FRROs)/registration officers (ROs) are vested with registration and related powers.
Authority of Immigration Officers The officers at these posts now have the final say on matters of entry, exit, and admissibility. They are empowered to allow or deny entry based on criteria such as national-security or other statutory grounds.
Digital and Centralised Monitoring The act introduces a strong digital framework. Accommodation providers, including hotels, hostels, paying guest homes, and religious institutions, must collect and submit the details of every foreigner electronically within 24 hours of arrival and departure. Hospitals and universities must similarly report the treatment or enrolment of any foreign national. Even births and deaths of foreigners must be reported electronically within seven days. This shift to digital records aims to fill long-standing data gaps and streamline monitoring.
Strict Penalties for Violations The law introduces severe punishments for breaches such as using forged documents or overstaying. Those caught using or supplying fake visas or passports could face two to seven years of imprisonment and fines ranging from ` 1 lakh to ` 10 lakh. Entering restricted areas without permits could lead up to five years in jail or Rs five lakh in fines.
Graduated Fine System The law includes a system of graduated fines for lesser violations, such as non-registration or unauthorised travel to protected areas. While most fines range from Rs 10,000 to Rs 5,00,000, significantly lower fines, as low as Rs 50, apply to specific groups like Tibetan and Mongolian Buddhist monks or certain nationals from Pakistan, Bangladesh, and Afghanistan.
Categories Exempted under the New Framework
One of the most significant aspects of the new legal structure is the Immigration and Foreigners (Exemption) Order, 2025, which lists specific exemptions for various individuals and groups by the central government under section 33 of the act. These exemptions pertain to requirements related to passports, visas, and travel documents.
Indian Armed Forces and Families Members of the Indian Army, Navy, and Air Force entering or leaving India on duty are exempt from the standard documentation requirements. Their accompanying family members, if travelling on government transport, are further covered.
Citizens of Nepal and Bhutan Citizens from Nepal and Bhutan do not require passports or visas when entering India by land or air across their respective borders. They are also exempt when travelling to or from other countries with valid passports, except if arriving from China, Macau, Hong Kong, or Pakistan.
Tibetan Refugees Tibetans who have already entered India and are registered with Indian authorities are exempt from certain provisions of the act. Their exemptions depend on their time and method of entry:
- Those who entered between 1959 and May 30, 2003, on a Special Entry Permit issued by the Indian Embassy in Kathmandu
- Those who entered between May 30, 2003 and the commencement of the act under newer permits
- Future entrants who follow the same official procedure
Minority Communities from Afghanistan, Bangladesh, and Pakistan Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians who entered India on or before December 31, 2024 to escape religious persecution are exempted, even if they lacked proper documentation or if their documents have expired.
This exemption is distinct from the Citizenship (Amendment) Act, 2019 (CAA), which sets December 31, 2014, as the deadline for acquiring Indian citizenship through fast-track procedures. The current exemption provides protection from prosecution under the Immigration and Foreigners Act, not citizenship rights. Such individuals may still apply for long-term visas and eventually seek citizenship through naturalisation.
Sri Lankan Tamil Refugees Registered Tamil nationals from Sri Lanka, who took shelter in India up to January 9, 2015, are similarly protected from immigration restrictions, allowing them to stay or exit India without penalty.
Diplomatic and Special Visitors Foreigners holding diplomatic or official passports, where visa requirements are waived through intergovernmental agreements, are exempt. So too are nationals eligible for visa-on-arrival at designated ports, and foreign military personnel visiting India on warships for exercises or humanitarian missions.
Carriers and Transporters The act expands the definition of ‘carrier’ to include transport by air, water or land (and cargo). Carriers must furnish passenger or crew information to civil authorities or immigration officers and may be prevented from departing India until immigration clearance is obtained via a prescribed general declaration.
The new framework also provides relief for carriers, such as airlines, ships, railways, and road operators from penalties in specific situations. For instance, carriers would not be held liable if:
- A passenger used a forged document that could not be detected without expert analysis
- A stowaway is returned by the carrier
- A flight or ship was diverted to India due to unforeseen circumstances
- When carrying persons already exempt under the act
Detention and Biometric Measures
The 2025 framework formalises detention surveillance mechanisms for the first time in a statutory manner. Every state and union territory must now set up dedicated holding centres or detention camps for illegal immigrants, who would be confined there until deportation.
In addition, all foreigners applying for any visa or Overseas Citizen of India (OCI) card must now submit biometric data before receiving approvals. These measures aim to enhance both tracking and enforcement capabilities.
Restrictions on Movement
The act imposes specific restrictions on travel to protected or restricted areas within India. These include entire states such as Arunachal Pradesh, Mizoram, Manipur, Nagaland, and Sikkim, and parts of Jammu and Kashmir, Uttarakhand, Rajasthan, Ladakh, and Himachal Pradesh.
Foreigners wishing to visit these areas must apply for special permits through designated portals. Moreover, no foreigner could participate in mountaineering expeditions without prior written approval, specifying their route and accompanied by a government liaison officer. Nationals from Afghanistan, China, and Pakistan are explicitly barred from accessing these regions.
Centralisation and Uniformity
One of the major strengths of the act is that it centralises the power to grant exemptions and enforce immigration laws. Previously, local authorities had some discretionary powers which led to inconsistencies and ambiguity. Under the new law, only the central government has the power to issue exemptions, ensuring a uniform application of laws across the country.
The government has also been empowered to delegate specific functions to states or union territories, but retains the authority to modify or revoke such powers. The exemption order expressly supersedes earlier exemption orders [Registration of Foreigners (Exemption) Order, 1957 and the Immigration (Carrier’s Liability) Order, 2007] except insofar as prior actions under those orders remain valid.
Security Concerns Addressed by Other Countries
Several countries have adopted stringent immigration measures on national security grounds, similar to India’s new regime. In the US, the State Department announced in March 2025, the use of AI under the ‘Catch and Revoke’ system to identify and cancel visas of individuals suspected of links to terrorist groups like Hamas. Australia allows the detention of non-citizens with a view to security threats, though a 2023 high court ruling prohibited indefinite detention of stateless persons, unless deportation is feasible. In the Gulf, countries such as Saudi Arabia, Bahrain, and Kuwait have deported large numbers of migrant workers on security grounds, often with minimal options for legal recourse.
Responses and Concerns
While the act has been lauded for bringing legal clarity and strengthening national security, it has further drawn criticism from civil society groups and legal commentators. Critics argue that the law revives and institutionalises religion-based exclusions like the CAA in 2019. By explicitly protecting only six religious communities from Muslim-majority neighbours, while excluding Muslims who may also face persecution, the law raises constitutional and human rights concerns.
Additionally, the formalisation of detention centres and compulsory biometric collection has led to worries about surveillance and the treatment of undocumented migrants. Concerns have also been raised about the lack of robust appeal mechanisms for foreigners’ denied entry or for those subjected to penalties under the law.
Conclusion
The Immigration and Foreigners Act, 2025 represents a historic shift in India’s immigration governance. By consolidating four older legislations and issuing clearly defined Rules and Exemption Orders, the government has established a more streamlined and enforceable legal structure. The act enhances national security, improves record-keeping, and brings the much-needed clarity to exemptions and enforcement procedures. Its fairness would depend on how the act is implemented.
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