Immigration and Foreigners Act, 2025: New Powers and Roles

• The Immigration and Foreigners Act, 2025, was notified by the Union Ministry of Home Affairs (MHA) to regulate all matters relating to foreigners and immigration.

• The Act repealed and replaced several Acts, including the Passport (Entry into VIJAITA SINGH, India) Act, 1920; the Registration of Foreigners Act, 1939; the Foreigners Act, 1946 and the Immigration (Carriers’ Liability) Act, 2000.

• The Act aims to avoid multiplicity and overlapping of laws on passports or other travel documents in respect of persons entering and exiting from India.

• The Bureau of Immigration (BOI) is legally designated to examine cases of immigration fraud and coordinate with the States to identify, deport or restrict the movement of foreigners.

• The Act also inserts legal provision for recording of biometric information of all foreigners, previously restricted to a few visa categories.

• Educational institutes are required to inform the Foreigners Regional Registration Office (FRRO) about all foreign students and provide semester-wise “academic performance” summary.

• The new Rules add “illegal migrant” to the list of “undesirable”, involved in crime or members of an unlawful group.

• Foreigners Tribunals (FTs) have been given the powers of a first class judicial magistrate.

• The 2025 Order empowers FTs to issue arrest warrants if an individual whose nationality has been contested fails to appear in person.

• The number of FTs has been capped at three, and the ex-parte orders can be set aside if the appellant files the review within 30 days.

• The order also allows border guarding forces or the coast guard to prevent illegal migrants attempting to enter India by sending them back after capturing their biometric information and available demographic details.

• The Order exempts Nepalese, Bhutanese and Tibetans from the provisions of the Act, but adds two other categories. Registered Sri Lankan Tamil nationals who have taken shelter in India up to January 9, 2015, and undocumented members of six minority communities from Afghanistan, Bangladesh, and Pakistan from penal provisions and deportation if they entered India without passports or visas, or with expired travel documents, before December 31, 2024.

Immigration Act 2025 is important topic for Civil service exam (WBCS).

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