Introduction

Immigration is a global phenomenon deeply intertwined with national security,economic priorities, economic policies, and humanitarian commitments. India, as one of the world’s largest democracies and an emerging global power, has long sought to balance its immigration policies between national security concerns and humanitarian obligations. India has historically balanced border security concerns with international human rights obligations. However, its legal framework for immigration and foreigners’ rights has remained fragmented across multiple statutes, some dating back to the colonial era. India, with its geopolitical position, economic growth, and historical migration trends, has long required a comprehensive immigration framework.

The fragmented and outdated nature of existing laws created legal ambiguities, inconsistent enforcement, and human rights concerns.The Immigration and Foreigners Bill, 2025 proposes a comprehensive legal framework by repealing outdated statutes and introducing a unified approach to immigration control, foreigner registration, and deportation policies.

A comparative analysis with previous laws and global standards is essential to determine whether this new framework aligns with international best practices or restricts foreign nationals’ rights.

Evolution of Immigration Laws in India

India’s immigration laws have evolved significantly, transitioning from colonial-era regulations to a more structured framework aimed at balancing national security with the realities of global migration. The Registration of Foreigners Act, 1939 was one of the earliest attempts to monitor foreign nationals, requiring mandatory registration to track their presence. However, it was criticized for its bureaucratic inefficiencies and inability to adapt to modern immigration needs. The Foreigners Act, 1946 granted the government sweeping discretionary powers to regulate the entry, stay, and deportation of foreigners, often bypassing judicial review, which raised concerns over due process and human rights. The Passports Act, 1967 introduced regulations for issuing passports and travel documents, enhancing border control but failing to address the legal status of refugees and stateless individuals. The Immigration (Carriers’ Liability) Act, 2000 further tightened the immigration enforcement by imposing penalties on airlines and other carriers for transporting individuals without valid documents, effectively shifting immigration control responsibilities to private entities. While these laws provided a framework for regulating foreign entry and residence, they lacked provisions for asylum seekers, skilled migration policies, and cross-border humanitarian considerations. The proposed Immigration and Foreigners Bill, 2025, seeks to consolidate these fragmented laws into a unified system, introducing digital tracking, stricter compliance requirements, and a more structured visa and residency framework. However, the key question remains—does this modernization enhance efficiency and fairness, or does it impose more rigid and restrictive immigration controls?

Jurisprudence of Immigration Law and Foreigners’ Rights

International Legal Framework
International immigration law has been shaped by a combination of judicial precedents, treaties, and conventions that have established fundamental rights and protections for foreigners. In the United States, the Supreme Court in Zadvydas v. Davis (2001) ruled that the indefinite detention of foreigners is unconstitutional, reinforcing the principle that non-citizens are entitled to due process. Similarly, the European Union’s Dublin Regulation ensures fair and standardized asylum procedures across member states. At the global level, the International Covenant on Civil and Political Rights (ICCPR) guarantees due process rights for all individuals, including foreigners, underscoring the universality of legal safeguards. Several international treaties further influence immigration policies worldwide. The Universal Declaration of Human Rights (UDHR), 1948, under Article 13, recognizes the right to freedom of movement and residence. Although India is not a signatory to the Refugee Convention of 1951 and it’s Protocol of 1967, it upholds the principle of non-refoulement, ensuring that refugees are not forcibly returned to persecution or harm. Additionally, the Global Compact on Migration (2018), a non-binding agreement, promotes international cooperation for safe, orderly, and regular migration. Together, these legal frameworks shape global immigration policies, emphasizing humanitarian obligations, procedural fairness, and the protection of foreign nationals.

Indian Constitutional and Judicial Approach
The Indian judiciary has played a crucial role in shaping immigration jurisprudence by balancing national security with humanitarian obligations.The Supreme Court of India has consistently held that foreigners, though not citizens, enjoy certain fundamental rights under the Constitution. In Louis De Raedt v. Union of India (1991), the Hon’ble Supreme Court held that the government has the power to deport foreigners but must do so in accordance with the law. The Court clarified that while Article 19 of the Constitution applies only to citizens, foreigners are still entitled to the protection of Articles 21 and 14, ensuring that deportation must follow fair and reasonable procedure. In NHRC v. State of Arunachal Pradesh (1996), the Hon’ble Supreme Court emphasized that refugees could not be forcibly evicted or deported without due process, which reinforced India’s commitment to humanitarian principles. While India is not a signatory to the 1951 Refugee Convention, the Court underscored the importance of upholding international human rights standards and protecting refugees from arbitrary state action. Similarly, in Sarbananda Sonowal v. Union of India (2005), the Hon’ble Supreme Court struck down the Illegal Migrants (Determination by Tribunals) Act, 1983, ruling it unconstitutional for placing an undue burden on the state to prove illegal migration. The Court recognized large-scale illegal migration as a serious threat to national security, sovereignty, and the demographic structure of India, emphasizing the need for stringent measures to curb infiltration and protect national interests.In State of West Bengal v. Anwar Ali Sarkar (1952), the Hon’bleSupreme Court reaffirmed that Article 14 applies to both citizens and foreigners, ensuring equality before the law. However, the state can impose reasonable classifications, especially in matters like immigration and national security, as long as they are based on intelligible differentia and serve a legitimate purpose.

In Ktaer Abbas Habib Al Qutaifi v. Union of India (1999), the Gujarat High Court recognized the principle of non-refoulement, which prohibits the forced return of individuals to a country where they may face persecution. While India is not a signatory to the 1951 Refugee Convention, the court emphasized that this principle is embedded in international human rights law and should be considered in Indian jurisprudence. On the other hand, In Anwar v. State of Jammu & Kashmir (1971) it was held that the rights under Articles 20, 21 and 22 are available not only to “citizens” but to “persons” which would include “non-citizens”. However, the judgment underscored the importance of procedural fairness, indicating that while deportation remains a sovereign function, due process must be ensured to prevent arbitrary actions.

These cases illustrate the tension between sovereign control over immigration and the human rights of foreigners, which is a key issue in the present Bill of 2025.

New Bill vs. Existing Immigration Laws

Key Features of new Bill
The Immigration and Foreigners Bill, 2025 repeals the aforementioned Acts and replaces them with a consolidated framework. The key highlights of the new Bill include:

1. Centralized Approach: Unlike previous fragmented laws, the new Bill consolidates immigration policies into a single legislative framework, reducing legal ambiguity.
2. Stronger Deportation Mechanisms: The Bill streamlines the deportation process, ensuring it aligns with India’s national security interests while incorporating certain procedural safeguards.
3. Digital Transformation: The Bill modernizes immigration control through digital tracking, biometric verification, and AI-driven enforcement, which was absent in previous laws.
4. Refugee Protection and International Compliance: While India has historically lacked formal refugee protection laws, the new Bill takes a step forward by incorporating non-refoulement and procedural safeguards for asylum seekers.
5. Increased Penalties for Immigration Violations: It imposes stringent fines and imprisonment for overstaying, illegal entry, and non-compliance with visa conditions.

Impact of new bill on Businesses
The Bill is set to reshape the business landscape in India, particularly for companies that rely on the foreign talent and global investments. While the Bill introduces a unified framework for work visas and digitalized foreigner registration, stricter compliance requirements could pose challenges for businesses, increasing administrative burdens and potential delays in hiring foreign professionals. Enhanced border security and regulatory oversight may raise operational costs, particularly for multinational corporations navigating complex immigration procedures. Industries such as IT, healthcare, and manufacturing, which depend on skilled foreign workers, could face hurdles due to tighter scrutiny and the risk of bureaucratic delays. Additionally, the Bill’s stringent deportation and monitoring policies may create uncertainty for businesses employing foreign nationals, potentially deterring global talent. However, by providing clearer legal provisions and reducing ambiguities in immigration laws, the Bill may also enhance investor confidence. Its overall impact will depend on how effectively it balances national security concerns with the need to facilitate foreign expertise and investment, ensuring that India remains an attractive destination for global businesses.

Critical Analysis and Future Implications
The Immigration and Foreigners Bill, 2025 marks a significant shift in India’s immigration framework by consolidating multiple outdated laws into a unified system aimed at enhancing efficiency, security, and legal clarity. Its digitized foreigner registration system strengthens monitoring capabilities, while stricter border controls reinforce national security. However, the Bill has raised critical concerns, particularly regarding its broad discretionary powers for deportation, which lack independent judicial oversight and could lead to arbitrary removals. Unlike international frameworks such as the U.S. Immigration and Nationality Act and the EU’s Common European Asylum System, which provide structured protections for asylum seekers, India’s approach remains largely discretionary, leaving refugees vulnerable in the absence of a formal policy. Moreover, the Bill’s provisions on biometric tracking and digital surveillance raise privacy concerns, potentially conflicting with the Justice K.S. Puttaswamy v. Union of India (2017) ruling, which upheld the right to privacy as a fundamental right. The absence of explicit refugee protections and provisions for indefinite detention without judicial review further amplify constitutional and human rights concerns. Moving forward, refining the Bill to ensure due process, judicial safeguards, and clear asylum policies will be essential for aligning India’s immigration laws with global human rights standards while maintaining national security.

Conclusion
The Immigration and Foreigners Bill, 2025 represents a significant overhaul of India’s immigration framework, aiming to unify and modernize existing laws. By introducing digital tracking, streamlining foreigner registration, and enhancing border security, the Bill promises greater administrative efficiency and national security. However, its broad discretionary powers, lack of explicit refugee protections, and potential privacy concerns raise serious human rights and constitutional challenges.

To create a fair and balanced immigration system, India must incorporate judicial oversight in deportation and detention matters, establish clear legal pathways for refugees and asylum seekers, and implement privacy safeguards in digital monitoring mechanisms. Future amendments and judicial review will play a crucial role in determining whether the Bill aligns with international legal standards while ensuring that national security measures do not come at the cost of fundamental human rights. A well-calibrated approach—one that upholds both sovereignty and humanitarian commitments—will be key to shaping a just and progressive immigration policy for India.

References:

1. Immigration and Foreigners Bill, 2025
2. Foreigners Act, 1946
3. Passports Act, 1967
4. Immigration (Carriers’ Liability) Act, 2000
5. Zadvydas v. Davis,533 U.S. 678 (2001)
6. Louis De Raedt v. Union of India,1991 AIR 1886
7. NHRC v. State of Arunachal Pradesh, AIR 1996 SC 1234
8. Anwar v. State of Jammu & Kashmir [1971 (3) SCC 104]
9. Sarbananda Sonowal v. Union of India, AIR 2005 SC 2920
10. State of West Bengal v. Anwar Ali Sarkar,[1952] 1 S.C.R. 284
11. Ktaer Abbas Habib Al Qutaifi v. Union of India.1999 Cr..LJ 919
12. [2017] 10 S.C.R. 569
13. United Nations High Commissioner for Refugees (UNHCR)
14. Article 13, Universal Declaration of Human Rights, 1948
15. International Covenant on Civil and Political Rights, 1966
16. EU Dublin Regulation
17. Refugee Convention of 1951 and its Protocol of 1967
18. Global Compact for Safe, Orderly and Regular Migration (GCM), 2018