Context: 

Recently, Immigration and Foreigners Act, 2025 came into effect from 1 September 2025.

Key Features of the Immigration and Foreigners Act, 2025:

Legislative Consolidation

The Act repeals four older legislations:

• The Passport (Entry into India) Act, 1920
• The Registration of Foreigners Act, 1939
• The Foreigners Act, 1946
• The Immigration (Carriers’ Liability) Act, 2000

This consolidation ends decades of fragmented and outdated rules governing immigration in India.

Major Provisions:

1.       Entry Requirements: Valid passport and visa are mandatory for all entrants unless explicitly exempted.

2.      Digital Enforcement: Mandatory online reporting by institutions like hotels, hostels, and hospitals; real-time national immigration database for security and policy planning.

3.      Registration Requirements: Foreigners must register with the District SP/DCP or FRRO.

4.     Restricted Areas: Special permits are required for prohibited or protected areas.

5.     Graduated Penalties:

o    Fines ranging from ₹10,000 to ₹5 lakh

o    Imprisonment of up to 5 years

o    Lesser penalties for Tibetans, Mongolian monks, and certain refugees

6.     Compounding Mechanism: Allows administrative resolution of offences without court proceedings.

7.      Centralised Power with Delegation: Centre retains control but can delegate powers to States and UTs.

Exemptions:

Sri Lankan Tamil Refugees

The September 2, 2025 notification under the Act exempts Sri Lankan Tamil nationals who sought shelter in India on or before January 9, 2015, from:

• • • Penalties for lacking valid passports or visas
    • Any legal provisions of Section 3(1), 3(2), and 3(3) of the Act related to documentation
    • Prosecution for overstay or undocumented stay

Minority Communities from Afghanistan, Pakistan, Bangladesh:

The same exemption order applies to undocumented members of six non-Muslim minority communities — Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians — from Afghanistan, Pakistan, and Bangladesh, if they entered on or before December 31, 2024.

They are now exempt from:

• • • Penalties for entering without valid documents or overstaying expired visas
    • Prosecution or deportation under the Immigration and Foreigners Act, 2025

However,  exemption does not amend the Citizenship Amendment Act (CAA), 2019. The CAA cutoff remains December 31, 2014 for eligibility to fast-track Indian citizenship. However, the exemption allows these individuals to:

• • • Stay in India without facing criminal proceedings
    • Apply for Long-Term Visas (LTVs) — a necessary step toward citizenship by naturalisation

Legal and Political Implications:

Humanitarian Relief without Citizenship Grant

• • The exemption provides legal relief from penalties, not citizenship.
  • Citizenship for post-2014 entrants can still only be attained via naturalisation under the Citizenship Act, 1955, which requires 11 years of residence.

Alignment with India’s Refugee Practice

• • Although India has no formal refugee law and is not a party to the 1951 Refugee Convention, it has historically used executive orders and exemptions to protect vulnerable groups.

Conclusion:

The Immigration and Foreigners Act, 2025 signifies India’s commitment to streamlining its immigration system with a security-first yet humane approach. While the Act introduces stringent penalties and digital controls to prevent illegal immigration, the exemption orders for Sri Lankan Tamils and minority communities underscore India’s willingness to balance rule of law with compassion.