Immigration and Foreigners Rules, 2025

Background

• Governed under the Immigration and Foreigners Act, 2025 notified by the Ministry of Home Affairs (MHA).

• For the first time, the role of the Bureau of Immigration (BOI) has been codified into law (earlier it was regulatory in nature through executive orders).

Role of the Bureau of Immigration (BOI)

• Examine immigration fraud cases.

• Identify, deport, or restrict the movement of foreigners.

• Maintain a national immigration database.

• Coordination with States/UTs for enforcement.

Biometric Data Collection

• Earlier restricted to certain visa categories.

• Now, mandatory for all foreigners entering India.

• Strengthens national security and tracking of overstaying/illegal migrants.

Foreign Students Regulation

• Educational institutions must:

  • Report details of all foreign students to the FRRO.

  • Provide semester-wise academic performance, attendance, and general conduct reports.

• Enhances monitoring of students, preventing misuse of education visas.

Regulation of Premises

• Civil authorities can shut down premises (resorts, clubs, entertainment places) if:

  • They are frequented by foreigners deemed “undesirable”, linked to crime/unlawful associations, or illegal migrants.

  • Conducted in a disorderly/improper manner prejudicial to public good.

• Owners need prior approval before reopening.

Airlines and Sea-Carriers Obligations

• Must submit passenger and crew data to BOI within 15 minutes of departure.

• Facilitates real-time monitoring and risk profiling.

Immigration Officers

• Defined role: Officers drawn from the Intelligence Bureau (IB).

• Brings intelligence and security oversight into immigration processes.

Significance

• National Security: Tracks illegal migrants, terror links, unlawful associations.

• Data-driven immigration control: Biometric database strengthens identification and surveillance.

• International Students: Prevents misuse of education visas while ensuring compliance.

• Global Standards: Brings India’s immigration system closer to practices in USA, EU, and Australia.

Challenges & Concerns

• Privacy & Data Protection: Need to align with Digital Personal Data Protection Act, 2023.

• Over-regulation: Monitoring foreign students’ “general conduct” may raise questions on academic freedom.

• Civil Liberties: Closing premises based on “undesirable foreigners” may face criticism for being subjective.