IMMIGRATION AND FOREIGNERS BILL 2025: POLITY
NEWS: Immigration and Foreigners Bill, 2025 in Parliament: Its provisions, criticism
WHAT’S IN THE NEWS?
The Immigration and Foreigners Bill, 2025 aims to modernize India's immigration laws, strengthen national security, and streamline immigration procedures. However, it faces criticism over potential human rights violations, lack of appeal mechanisms, and impacts on skilled migration.
About Immigration
• Definition:
Immigration is the movement of individuals from one country to another, where they are not natives or citizens. This migration can be for various reasons, such as permanent settlement, naturalization, employment, or temporary work. Immigrants are people who move to a new country, while from the perspective of their home country, they are referred to as emigrants or outmigrants. The reasons for immigration are varied, from economic opportunities to political or environmental factors.
Causes of Immigration
• Economic Factors:
• People often migrate due to better economic opportunities in other countries. These opportunities may include higher-paying jobs, better wages, and overall improved living standards compared to what is available in their home countries.
• The search for better opportunities is often a result of a lack of employment options or low-paying jobs, and poor economic conditions at home, which push people to move abroad.
• Example: Many Indians migrate to Gulf countries for employment in sectors like construction, where wages are considerably higher than in their home country.
• Political Instability & Conflict:
• Political instability, such as wars, persecution, and oppressive regimes, often forces individuals to flee their home countries in search of safety and stability.
• Ethnic, religious, and political discrimination, including persecution based on identity, is another major driving force behind migration.
• Example: The Rohingya Muslims from Myanmar migrated to Bangladesh to escape political and religious persecution by the Myanmar government.
• Environmental & Climate Change:
• Environmental factors, such as natural disasters, climate change, and environmental degradation, often lead to forced migration. Rising sea levels, droughts, and resource shortages destroy livelihoods, making regions uninhabitable.
• Example: Residents of Satabhaya village in Odisha, India, faced severe coastal erosion and rising sea levels, which led to the destruction of their homes and farmland, forcing them to migrate.
• Globalization & Connectivity:
• Globalization has led to improved transportation, communication, and connectivity across the globe. This has made migration easier and more accessible, with improved transportation links and the availability of global job markets for skilled and unskilled workers alike.
• Example: IT professionals from India frequently migrate to Silicon Valley in the United States, seeking better career opportunities and a global work environment.
• Immigrants and Emigrants:
o Immigrants are individuals who migrate to a foreign country, whereas, from their home country's perspective, they are known as emigrants or outmigrants. This distinction helps identify the direction of migration and is important for policy and international relations.
Impact of Immigration
• Economic Growth:
• Immigration contributes to economic growth by boosting the labor supply, helping fill gaps in the labor market, and driving entrepreneurship. Immigrants often bring specialized skills that complement the local workforce and contribute to various industries.
• Example: Indian IT professionals have played a significant role in the U.S. tech industry, contributing to innovation, increasing productivity, and supporting the growth of multinational tech companies.
• Pressure on Infrastructure:
• The influx of immigrants into certain regions can place significant pressure on infrastructure and public services, such as housing, healthcare, and education. This often leads to overcrowding and strained resources in host countries, particularly if the immigration rate is high and not properly managed.
• Example: In several European cities, the arrival of refugees and migrants has led to rapid urbanization, resulting in challenges related to housing, healthcare, and integration into society.
• Remittances & Home Country Development:
• Immigrants send remittances back to their home countries, which significantly supports their families and boosts the economy of the home nation. These remittances improve household incomes, contribute to national GDP, and help fund investments in education, healthcare, and other essential sectors.
• Example: India is the world’s largest recipient of remittances, with Indian migrants, particularly those in the Gulf and the U.S., sending billions of dollars back to their families, contributing significantly to the Indian economy.
• Security & Social Challenges:
• Immigration can raise concerns over national security, crime, assimilation, and social integration. Countries may worry about the influx of illegal immigrants, which can lead to social and cultural tensions, particularly if there is resistance to assimilation by immigrant groups.
• Example: Ongoing debates in the U.S. and European nations focus on border security and the balance between national security and the rights of migrants, especially in the context of refugees and undocumented immigrants.
Immigration Provisions in India
• Citizenship Act, 1955:
• The Citizenship Act, 1955 governs the acquisition, renunciation, and termination of Indian citizenship. It outlines the five methods by which one can become an Indian citizen: by birth, descent, registration, naturalization, and incorporation of territory.
• The Act provides a clear framework for granting Indian citizenship and regulates the rights and obligations of Indian citizens.
• Foreigners Act, 1946:
• The Foreigners Act, 1946 regulates the entry, stay, and exit of foreigners in India. It empowers the government to detect, detain, and deport illegal immigrants and establishes tribunals to determine foreigner status.
• The Act was designed to address the issues of illegal immigration and foreign nationals in India, ensuring the country’s sovereignty and national security.
• Visa Regulations (Under the Passport Act, 1920):
• The Passport Act, 1920 governs the conditions for foreign nationals to enter India, including various visa categories. It also regulates the extensions, restrictions, and violations related to visa norms for foreigners entering the country.
• Refugee Policies:
• India is not a signatory to the 1951 Refugee Convention. As a result, it provides asylum to refugees on a case-by-case basis, such as for Tibetans, Sri Lankan Tamils, and Rohingyas. India’s refugee policy is flexible, considering humanitarian needs while balancing national security concerns.
Key Provisions of the Immigration and Foreigners Bill, 2025
• About the Bill:
• The Immigration and Foreigners Bill, 2025, aims to modernize and consolidate existing immigration laws in India. It strengthens border security, improves immigration enforcement, and updates legal provisions related to foreign nationals entering and staying in India. It emphasizes national security and the prevention of threats posed by foreign nationals.
• The Bill grants broad powers to the government to control and regulate the entry and stay of foreigners, with a focus on protecting the nation’s security and sovereignty.
• Repeal of Existing Laws:
• The Bill seeks to repeal and replace outdated immigration laws, such as the Immigration (Carriers' Liability) Act, 2000, Passport (Entry into India) Act, 1920, Registration of Foreigners Act, 1939, and Foreigners Act, 1936, which are no longer suitable for modern needs and challenges.
• Establishment of Bureau of Immigration:
• A centralized Bureau of Immigration (BoI) will be established under the Ministry of Home Affairs. The BoI will regulate the entry and exit of foreigners and enforce immigration laws. It will be headed by a Commissioner and assisted by immigration officers.
• Powers Over Foreigners:
• The Bill grants the Central Government the authority to impose restrictions on the entry, exit, and residence of foreigners. It also mandates the collection of biometric data, medical exams, and other personal details for foreign nationals.
• It also allows the government to restrict foreigners' movements or activities in certain areas to enhance national security.
• Punishments for Violations:
• The Bill imposes strict penalties for immigration violations, such as overstaying visas or using fraudulent travel documents. Offenders could face imprisonment, fines, or both.
• Example: Overstaying a visa could result in up to 3 years of imprisonment and a ₹3 lakh fine, while using forged documents could lead to up to 7 years of imprisonment and a fine of up to ₹10 lakh.
Role of International Organizations in Immigration
• United Nations High Commissioner for Refugees (UNHCR):
• UNHCR works to protect refugees, asylum seekers, and stateless individuals. It provides emergency assistance, legal support, resettlement, and rehabilitation services to displaced persons around the world.
• Example: UNHCR has been instrumental in supporting Syrian refugees in Turkey, Lebanon, and Jordan, ensuring their protection and well-being.
• International Organization for Migration (IOM):
• IOM manages global migration policies, promotes safe and orderly migration, and combats human trafficking. It provides support for voluntary repatriation and resettlement programs.
• Example: The IOM assisted Rohingya refugees in relocating to Bangladesh and provided essential humanitarian aid in refugee camps.
Implications of the Bill
• National Security & Border Control:
• The Bill aims to strengthen national security by creating a more robust border control and monitoring system, ensuring better management of immigration and foreign nationals in India.
• It provides the government with the tools to tackle illegal immigration, espionage, and human trafficking more effectively.
• Streamlining Immigration Laws:
• By replacing outdated laws with a modern legal framework, the Bill aims to create a unified and more efficient system for immigration enforcement. It eliminates overlaps and simplifies the legal process.
• Efficient Foreigners’ Management:
• The Bill ensures better tracking and registration of foreign nationals, helping prevent illegal stays and ensuring that foreigners comply with visa norms. It also mandates reporting obligations for educational institutions and transport carriers.
Concerns Regarding the Bill
• Violation of Fundamental Rights:
• Critics argue that the Bill could be misused to deny entry based on ideological grounds or without sufficient legal justifications. There is also concern over the lack of an appeal mechanism, which could violate the natural justice principle.
• Impact on Skilled Migration:
• The Bill’s restrictions could deter highly skilled professionals, particularly in fields like academics and medical research, from migrating to India. Stringent visa and residence rules could harm India's global talent pool.
• Excessive Government Control:
• The centralization of power in the hands of the government under the Bill has raised concerns. Critics argue that it grants too much discretion to immigration officers, leading to the potential for misuse and arbitrary enforcement of immigration laws.
Global Practices in Immigration Laws
• United States:
• The U.S. Immigration and Nationality Act (INA) allows immigrants to appeal deportation orders, and it provides judicial review of immigration-related decisions.
• European Union:
• In the EU, foreigners can appeal deportation decisions before independent authorities, providing greater protections for immigrants compared to India’s proposed system.
• Australia:
• Australia’s migration strategy includes due process guarantees and humanitarian exceptions, allowing for a fair balance between economic needs and migration fairness.
Way Forward
• Independent Appeals Mechanism:
• It is essential to establish an independent appeals mechanism for foreigners to challenge immigration-related decisions in a fair and transparent manner.
• Strengthen Humanitarian Provisions:
• The Bill should provide exemptions for refugees, asylum seekers, and stateless individuals, in line with international refugee laws and principles.
• Safeguards Against Arbitrary Restrictions:
• Clear definitions and safeguards should be put in place to prevent arbitrary restrictions on foreigners' movements, activities, or property.
Conclusion
The Immigration and Foreigners Bill, 2025, seeks to modernize and streamline India’s immigration laws. While the Bill strengthens national security and immigration enforcement, concerns about potential human rights violations, the impact on skilled migration, and the lack of appeal mechanisms have sparked debates. The Parliament discussion will likely focus on finding a balance between protecting national security and safeguarding fundamental rights.
Source: https://indianexpress.com/article/explained/explained-law/immigration-and-foreigners-bill-2025-provisions-criticism-9882521/