Immigration Bill: Foreigners may face visa denial, Rs 10 lakh fine in India

Foreigners can be denied visas on national security grounds, have their movements restricted, and face penalties for violating entry and exit rules, according to a proposed law tabled in Parliament on Tuesday.

 

Minister of State for Home Affairs Nityanand Rai introduced the Immigration and Foreigners Bill, 2025, which proposes an overhaul of India’s immigration laws, replacing several colonial-era legislations, including the Foreigners Act, 1946, the Passport (Entry into India) Act, 1920, the Registration of Foreigners Act, 1939, and the Immigration (Carriers’ Liability) Act, 2000.

 

Key provisions of the bill

 

The bill lays down that any foreigner posing a threat to national security, sovereignty, or the integrity of the nation will be denied entry or permission to stay in India. It also introduces stricter immigration control measures and penalties for violations.

 

 

Among its key provisions:

 

Defines the role and functions of immigration officers

Sets requirements, including passports, for visa issuance

Mandates registration of foreigners upon arrival

 

Stricter regulations and penalties

 

Foreigners will be subject to stricter regulations, including movement restrictions, limitations on name changes, and restrictions on access to protected and restricted areas. Educational institutions, hospitals, and nursing homes will be required to report foreign nationals to immigration authorities.

 

The bill prescribes harsh penalties for violations:

 

— Arriving in India without a valid passport or visa could lead to imprisonment of up to five years and a fine of up to Rs 5 lakh.

— Using forged documents may result in two to seven years in jail, with fines ranging from Rs 1 lakh to Rs 10 lakh.

— Overstaying, violating visa conditions, or trespassing in restricted areas could lead to three years in jail and a fine of up to Rs 3 lakh.

— Transport carriers found carrying foreigners without valid documents could face fines of up to Rs 5 lakh. Non-payment of penalties could result in the seizure of the vehicle or vessel.

— If a foreigner is denied entry, the carrier will be responsible for their immediate removal from India.

 

The bill also empowers immigration officers to arrest individuals without a warrant and gives the central government authority to regulate the movement of foreigners. Additionally, no individual can leave the country if their presence is required by any authorised agency.

 

Discussions about the bill gained momentum after a Canadian national, Brandon Joel Dewalt, was deported from India in February 2025. He had been engaging in evangelical activities in Assam while on an expired tourist visa. Authorities found him operating the Grace Church in Mission Campus in Jorhat.

 

Ketan Mukhija, senior partner at Burgeon Law, described the bill as "a crucial step in modernising India’s immigration laws by replacing outdated regulations and strengthening national security. "It streamlines visa policies, enhances registration processes, and imposes stricter penalties to curb illegal immigration and document fraud," he told Business Standard.

 

However, he suggested improvements. "The bill could be improved by introducing stronger appeal mechanisms against immigration officers’ decisions and ensuring security measures do not create undue hurdles for legitimate travellers. Balancing enforcement with fairness will be key to making the system both effective and just."

 

Other countries with similar laws

 

Not just India, but several countries have laws allowing the denial of visas, restrictions on movement, and penalties for foreigners on national security grounds. For instance:

 

United States: The US has implemented measures such as travel bans targeting specific countries and individuals deemed security threats. Notably, in March 2025, the State Department announced plans to use AI-powered tools to identify and revoke visas of foreigners in the US who sympathise with terrorist organisations like Hamas. This initiative, called "Catch and Revoke," aims to scrutinise social media accounts and news articles for evidence of such sympathies.

 

Hong Kong: In February 2024, the Hong Kong Immigration Department introduced a national security risk test for all visa applicants. This measure allows the government to deny visas to individuals considered threats to national security.

 

Australia: Australia has provisions for indefinite detention of non-citizens who are deemed security risks or who lack proper documentation. However, in 2023, the High Court ruled that the indefinite detention of stateless persons is unlawful, permitting detention only when there are real prospects of successful deportation.

 

Singapore: The Internal Security Act allows for the arrest and indefinite detention of individuals who pose threats to national security, including foreigners. This act is often applied in cases related to terrorism and has been used to detain individuals with extremist views.

 

Gulf Cooperation Council (GCC) countries: Nations like Saudi Arabia, Kuwait, and Bahrain have deported large numbers of migrant workers for reasons including national security concerns. These deportations often occur swiftly, with limited opportunity for legal recourse.