Immigration and Foreigners Bill passed in Parliament as Rajya Sabha gives its nod

The law replaces the Foreigners Act of 1946, the Passport (Entry into India) Act of 1920, the Registration of Foreigners Act of 1939, and the Immigration (Carriers’ Liability) Act of 2000. These older laws, many of which date back to the pre-independence and World War eras, are now considered outdated.

Replying to the discussion on the Bill, Minister of State for Home Affairs Nityanand Rai attacked the previous Congress government and the TMC dispensation in West Bengal for 'aiding' illegal immigrants enter the country and 'facilitating' their stay by including their names in voters' list and ration cards.

This was strongly objected to by the Congress and TMC members, who along with other opposition parties, staged a walkout from the Upper House.

Why Immigration and Foreigners Bill necessary?

Rai said, "As many as 26 members expressed their views on the Bill. It was necessary to bring this Bill to make our universities, education system and economy world class level."

He explained that the existing legal framework was fragmented, and the new Bill aims to unify it.  

Addressing suggestions to refer the Bill to a standing committee, he emphasized that it was drafted after an extensive three-year study.  

Rai clarified that the Immigration Bureau already exists, responding to concerns raised by members. He stated that this bureau would serve as the sole agency handling immigration-related matters, aligning with global practices.  

He also assured that individuals coming to India for education and research purposes would be welcomed.

Objectives of the bill

One of the most notable features of the bill is the shift in legal responsibility, placing the burden of proof of legal immigration status squarely on individuals rather than the state. This marks a significant change from current norms and is seen as a move to plug loopholes in enforcement mechanisms.

The bill outlines clear provisions to deny entry or continued stay to any foreigner deemed a threat to India's sovereignty, integrity, or national security. It mandates the compulsory registration of foreigners upon arrival and imposes restrictions on movement, name changes, and access to protected or restricted areas. Additionally, institutions like educational bodies, hospitals, and nursing homes will be obligated to report foreign nationals under their care or enrollment to immigration authorities.

Provisions for transport carriers 

Transport carriers, too, will be held accountable. Any carrier found bringing in foreigners without proper documents will face penalties up to Rs 5 lakh, and non-payment could lead to the seizure of the vehicle or aircraft. If a passenger is denied entry into India, the responsibility of their immediate removal will fall on the carrier itself.

Further, the bill grants immigration officers the right to arrest individuals without a warrant. The central government will also be authorised to control the movement of foreigners, including blocking entry or exit and restricting access to designated regions. Foreign nationals will need to exit the country at their own expense and are required to submit biometric data for identification purposes.

(With PTI inputs)