Modi govt’s proposed immigration law: Key deportation rules & impact on universities, hospitals | Explained in 5 points

Prime Minister Narendra Modi-led Union government has listed at least 16 bills for the Budget Session of Parliament, which began on January 31.

Among the three new bills listed is the ‘Immigration and Foreigners Bill’, a proposed legislation seen as part of the Modi government’s intentions to regulate the entry of immigrants into the country.

The Budget session of Parliament began on January 31. The first leg of the session will conclude on February 13, and the second leg will continue from March 10 to April 4. Union Finance Minister Nirmala Sitharaman presented the Union Budget 2025 on February 1.

Why ‘Immigration and Foreigners Bill’?

The propsoed bill could pave the way for an overarching law on the issue currently regulated by multiple laws, including the Foreigners Act 1946, the Passport Entry into India Act 1920, and the Registration of Foreigners Act 1939, even as more details are awaited.

The proposed bill is to be enacted to confer upon the central government certain powers to provide for the requirement of passports or other travel documents in respect of people entering and exiting India and for regulating matters related to foreigners including the requirement of visa and registration and for matters connected therewith or incidental thereto, according to news agency PTI.

The bill will have provisions relating to foreigners whose movements are restricted, the power of civil authority to control places frequented by foreigners, the provisions relating to the liability of carriers and its obligations, the offences and punishment for contravention of certain provisions of the proposed legislation and the composition of offences.

The power of the Union government to issue orders for the removal of foreigners, to delegate and exempt will be specified by the bill, the PTI report said.

Role of hospitals, universities?

The role of hospitals, other medical institutions and universities admitting foreigners has been specified, along with matters related to passports and visas.

The proposed bill will specify the matters relating to foreigners and their registration, the provisions relating to the obligation of universities and educational institutions admitting any foreigner, the obligation of hospitals, nursing homes or any other medical institution admitting foreigners.

The Bill is likely to be introduced by Union Home Minister Amit Shah in the ongoing budget session of Parliament. However, the bill can only be taken up in Parliament once the Cabinet approves it. The Union Cabinet has yet to approve the draft of the bill.

What is the role of DM?

As per the proposed bill, the onus will be on the carrier to remove the foreigner whose entry has been refused in India.

Any District Magistrate or Commissioner of Police, or Superintendent of Police of the civil authority or Immigration Officer may, for any purpose connected with the enforcement of this Act or any rule or any order made thereunder, require the carrier to furnish such information as may be prescribed in respect of passengers or members of the crew on such aircraft, vessel or other of transport, reads the proposed bill.

The passengers on such carrier and any member of the crew of such carrier shall furnish to the carrier, any information required by him to furnish the information, the bill reads.

The Modi government wants to have a broader legislative agenda to address the issue of illegal immigration, particularly concerning Bangladeshis and Rohingyas in the country, as per reports.

According to the proposed law, the immigration officer shall hand over any foreigner whose entry has been refused to the carrier, and it shall be the responsibility of that carrier to ensure his removal from India without delay.

What is the role of Immigration Officer?

According to the Statement of Objects and Reasons of the Immigration and Foreigners Bill, 2025, it provides for matters relating to immigration, namely the functions of immigration officers, the requirement of passports and visas and other matters.

"If any foreigner enters into India in contravention of any provision of this Act or any rule or order made thereunder, the civil authority or Immigration Officer may, within 2 months from the date of such entry, direct the carrier on which such entry was effected to provide accommodation, otherwise that at the expense of Central government, on such aircraft or vessel of any other mode of transport for the purpose of removing the said foreigner from India," it reads.

The Modi government’s move comes close on the heels of the newly inaugurated US President Donald Trump kicking off a crackdown on illegal immigrants, signing an executive order to end birthright citizenship and signing the Laken Riley Act that sets up the next phase of the immigration crackdown.

Trump's Mass Deportation Row

It also comes days after images of over 100 Indian illegal immigrants deported from the United States on a military aircraft in handcuffs and leg restraints earlier this week triggered an uproar in Parliament during the ongoing Budget Session, prompting questions about the Standard Operation Procedures.

Amid opposition’s protests, Union External Affairs Minister S Jaishankar told Parliament last week that India is engaging with the United States to ensure that the Indians being deported are not mistreated.

Here are some key elements in the proposed bill:

-All immigration control will be under one agency.

-Universities, hospitals and hotels must report foreign visitors

-Stringent fines and jail terms for illegal entry, overstaying and document fraud.

-Airlines and other carriers have to verify documents or face action.

-Foreigners cannot change their name without approval.

-Union government empowered to restrict and deport foriegners. 

(With PTI inputs)