Sweeping legislative changes in India’s immigration framework now mandate biometric tracking, real-time student monitoring, and rapid coordination between state and national agencies, igniting a new era of border and residency enforcement.
Legally Empowering the Bureau of Immigration
This week, the Ministry of Home Affairs notified the Rules for the Immigration and Foreigners Act, 2025, which received parliamentary passage in April. The Rules formally assign extensive operational powers to immigration officers supplied by the Intelligence Bureau. This is the first time India’s Bureau of Immigration (BOI) has received explicit legal status to “examine cases of immigration fraud” and co-ordinate with state officials to manage, restrict, or deport foreigners, bolstering functions that were previously regulatory in nature but not codified in law.
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Compulsory Surveillance and Reporting Mandates
At the heart of the new act is a vast expansion in mandatory tracking: hotels, clubs, resorts, universities, hospitals, nursing homes, and other institutions must now collect and report detailed information on foreign nationals. For students, universities are directed to inform the Foreigners Regional Registration Office about foreign enrollees, including semester-wise academic records and conduct reports. Biometric data collection, previously limited to a subset of visa holders, has been broadened to include all foreigners, with airlines and shipping companies required to send details of all departing travelers and crew to the BOI within 15 minutes of departure.
Giving Teeth to Enforcement: Closures and Deportation
Civil authorities and the BOI now hold the power to order the closure of clubs, resorts, and entertainment venues if found to be frequented by undesirable foreigners or illegal migrants. The law allows for shutdowns if owners enable disorderly or illegal conduct or permit associations with criminal or unlawful organizations. Facility owners can’t open new businesses without express government approval when such risks are identified. These enforcement capabilities, aimed at restricting habitual violators and coordinated criminal activities, represent a significant tightening of operational levers against infractions.
A Unified Legal Architecture Replaces Legacy Laws
The Immigration and Foreigners Act, 2025, effectively repeals four previous legislations, including the Passport Act of 1920, the Registration of Foreigners Acts of 1939 and 1946, and the Immigration (Carriers’ Liability) Act of 2000. This marks a move away from legacy frameworks to a unified and technologically-driven immigration code, with the BOI maintaining a centralized, continuously updated immigration database. The structural overhaul aims to streamline tracking, prevent overstay and fraud, and better synchronize information between government bodies at all levels.