Overview

• The Immigration and Foreigners Act, 2025 took effect on September 1 via an MHA notification, replacing four earlier laws on entry, registration and carrier liability.
• New rules direct states and Union Territories to establish holding centres and allow referral of suspected cases to Foreigners Tribunals, with detention pending deportation if identity claims fail or bail is not secured.
• The Bureau of Immigration receives statutory authority to identify, detain and deport illegal migrants, collect and manage biometric data, and coordinate with states, border forces and the Coast Guard.
• Penalties tighten for immigration violations, including two to seven years’ jail and up to Rs 10 lakh for forged passports or visas, jail up to five years for illegal entry, mandatory reporting by hotels, hospitals and universities, and advance passenger data from carriers.
• An Exemption Order removes penal exposure for Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from Afghanistan, Bangladesh and Pakistan who entered on or before December 31, 2024 without valid documents or with expired papers, with additional limited exemptions for Nepalese, Bhutanese, certain Tibetans and registered Sri Lankan Tamils.