India’s Immigration Act sparks controversy over liberty and security

Need to balance security and individual rights

The Immigration and Foreigners Act, 2025 that was passed recently by the Indian Parliament is said to modernise immigration laws by streamlining visa processes, enhancing border security, and introducing stricter penalties for illegal entry. However, critics warn that it infringes upon individual liberties due to unchecked powers granted to immigration officers.

The Immigration and Foreigners Act, 2025, which was passed by the Parliament in the recently-concluded Budget Session, has sparked a controversy over whether it curtails the basic right of freedom of expression.

During a discussion on the bill in the Parliament on March 11, speaking on behalf of Home Minister Amit Shah, Nityanand Rai, Minister of State for Home Affairs, said that the proposed legislation would help keep up and manage all the updated records of the foreigners visiting India. He also said that the bill also intended to reduce overlapping of laws, enhance coordination among the concerned agencies and remove the complexity in management and verification of data. He added that the bill was designed after three years of deep deliberation.

According to some lawyers, the Act aims to update India’s immigration system by combining antiquated legislation and strengthening border security with faster visa applications. They say that by strengthening penalties for illegal immigration while protecting refugees and asylum seekers and encouraging international cooperation on immigration matters, this Act finds a balance between individual rights and border security.

“The Immigration and Foreigners Act, 2025, aims to overhaul India’s immigration system by streamlining the visa processes. It is enhancing the border security and improving tracking of foreign nationals. It introduces a unified visa system, expanded e-visas and biometric registrations. The Act sentences law against illegal immigration with stricter penalties and detention procedures while protecting refugees and asylum seekers. It establishes an immigration tribunal for dispute resolution and promotes international cooperation on immigration issues. And overall it balances security with individual rights, aiming for a more efficient and humane immigration framework,” Sameer Kalra, advocate with Sanjay Kalra & Associates, an immigration law firm in Delhi, tells Media India Group.

Kalra adds that the new Act was needed as the existing laws were not enough.

Also Read: Budget offers investment opportunities for French companies in India: Sanjeev Singla

However, critics counter that the bill’s strict provisions might jeopardise individual liberties. Concerns regarding possible abuses of power are raised by the absence of oversight and appeal procedures against the decisions made by immigration officers. Opponents believe that the Act is unduly restrictive and does not provide adequate protections for foreigners.

“The Act strengthens India’s ability to prevent unauthorised entry and track foreigners within its territory, but the Act also vests absolute discretion in immigration officers, making their decisions final and binding. Also, there is no provision for independent review or judicial oversight over decisions that impact individual liberty, for example, denial of entry and deportation,” Umar Masoodi, an advocate at High Court, Jammu & Kashmir and Ladakh, tells Media India Group.

The legislation suggests numerous important measures that will transform India’s immigration policy. It allows the central government to designate entry points, set conditions for foreigners, and limit their mobility throughout the nation. Foreign individuals must complete identity checks, provide biometric data, and undergo medical assessments. Moreover, stricter penalties are suggested for illegal entry, overstaying, or breaching visa terms, which encompass imprisonment and monetary fines.

As India’s immigration policy undergoes significant changes with the proposed legislation, concerns arise about how these stricter measures might impact the experiences of foreign visitors and these concerns against the potential misuse of the new law are being raised not just by the lawyers but ordinary citizens, too.

“Last year, my NRI cousin came to visit us from the United States, but a small passport problem caused his trip to be abruptly interrupted. He had an Overseas Citizen of India (OCI) card, which is meant to last a lifetime. However, as required by Indian regulations for people under 21 or over 49, his OCI card had not been reissued following the renewal of his United States passport. He was returned to the United States as a result of this oversight, which caused issues during immigration checks. He had to go through the difficult process of reapplying for the OCI card and fixing the problem before he was able to come see us again, which took several months. The treatment of foreigners at airports can be discourteous and unhelpful. If this Act increases the authority of immigration officers without ensuring accountability, it could lead to more such incidents,” says Janhvi Maharaj, Associate Analyst, Deloitte, Gurugram.

Also Read: Hits & Misses of Union Budget 2025

 

Beyond paperwork, critics contend that the legislation may violate basic rights by giving immigration officials too much authority without sufficient oversight. This disparity between safety and rights is a significant concern that must be tackled to guarantee that the legislation does not unjustly target innocent people.

“The Act imposes strict penalties like imprisonment up to five years and a fine of up to INR 500,000 for entering without a valid passport or visa. It also criminalises overstaying a visa with imprisonment of up to three years or a fine of up to INR 300,000. I think these penalties are disproportionate compared to international practices, where visa overstays are typically subject to civil penalties or administrative deportation rather than criminal liability. The Act also does not differentiate between intentional violations and inadvertent overstays, which may lead to undue hardship for genuine visitors,” says Masoodi.

The critics say that the Act significantly affects sectors that depend on foreign expertise, including education and healthcare. Organisations will be mandated to notify immigration authorities about foreign nationals, which could impact international partnerships and student exchanges. This might result in a brain drain if international talent perceives hostility or limitations. They add that as India aims to update its immigration system, it must guarantee that the execution of the Act does not jeopardise its image as an inviting country for global travellers and professionals.

A country’s approach to international migration and human rights is greatly influenced by its asylum policies. Asylum seekers’ treatment frequently reflects larger geopolitical dynamics where foreign policy goals and humanitarian concerns collide. The Act’s implementation in India must address issues of national security and effective immigration management while simultaneously guaranteeing that asylum seekers are safeguarded by strong legal framework.

“Immigration officers have unchecked powers to enforce compliance, including the ability to arrest without a warrant, thus increasing the risk of misuse or arbitrary detentions. Also, the Act does not specify clear timelines or procedural safeguards to ensure that registration, visa approvals, and restricted area permits are processed efficiently. A lack of clear appeal mechanisms and safeguards against racial or ethnic profiling may lead to discriminatory enforcement, further complicating the implementation of the law,” Masoodi adds.