Why is a new bill coming on foreigners? , Explained

the story So Far:

The Union Ministry of Home Affairs (MHA) is fully prepared to introduce Immigration and Foreigners Bill, 2025 In the second half of the budget session starting from March 10. The bill canceled all the four existing legislations that deal with the immigration and movement of foreigners.

Why are fresh words being prepared?

According to the statement of the bills and reasons of the bill, matters related to foreigners and immigration are administered through the Foreign Act, 1946, Passport (Admission to India) Act, 1920 and foreigners registration, 1939 and immigration (carrier) Is. Three of these laws are from the “pre-constitution period” brought during the “extraordinary time” of World War I and II.

The statement stated that there is an underlying continuity and equality of objectives between the four acts, some overlapping provisions and the need to cancel acts and implement a new comprehensive law – immigration and foreigners bills, 2025.

The proposed law is to be implemented in relation to individuals to enter India and exit persons and to regulate matters related to foreigners, including visa and registration, to avoid a multiplicity on passports or other travel documents.

What are important provisions?

The bill has six chapters in which 35 clauses and bunches of existing laws are in the same document. This clearly defines cases related to the functions, passports and visa requirements, and foreigners and their registration related matters. Although the Bureau of Immigration (BOI) already exists, Bill wants to provide legal backup for immigration functions, immigration officers and BOI.

It defines provisions related to the obligations of universities and educational institutions, hospitals, nursing homes and medical institutions to accept any foreigner. There was no defined rule for such institutions earlier; Foreigners were asked to register with the Regional Registration Office (FRRO) of foreigners. Currently, it is mandatory for hotels and guest houses to share passport details of foreigners with police.

The bill also has provisions related to foreigners whose movements are banned, the power of the Civil Authority to control the provisions related to the frequent places and carriers and their obligations. The bill retains the provision on “the burden of evidence” to prove that no person is foreigner on a person.

What is the provision of entry and living of foreigners?

The Bill introduced this section – “The threat to national security, the sovereignty and integrity of India and the relationship with a foreign state” – based on a foreigner’s entry or refusal to live in the country.

The proposed law states, “… no foreigner will be allowed to enter or live in India, if it is found inappropriate to do so due to the danger of national security, sovereignty and India’s integrity. , So on health or other such grounds with a foreign state or public, as the Central Government can specify, ”saying that the decision of the immigration officer would be final and binding even before this, foreigners were denied entry. It is not clearly mentioned in any law or rules. Foreign admission can be denied if it is a threat to public safety, if a foreigner is an infection or affected by mental illness, if a passport or visa is invalid, first refused to enter the country. The power of the Center is mentioned to issue orders for the removal of foreigners, which are to give representative and discount. Currently, Section 3 of the Foreign Act 1946 gives the central government the right to restrict, regulate or restrict the entry of foreigners into India or, to their exit or live. Section 5 of the Passport Act 1920 also has a provision to remove a foreign, which is recorded without documents or visas.

What are the punishment provisions in the bill?

The proposed law has a fine for five years or a fine of up to ₹ 5 lakh or both for entering India without passport or travel document.

Using the supply of passports or other travel documents or visas obtained from fake or fraud or supply will be punishable with imprisonment for less than two years, but may extend up to seven years, and can be extended up to seven years, and no fine of less than ₹ 1 lakh Is, but who can expand ₹ 10 lakh, the bill is proposed.

Overseas will be sentenced to three years beyond the visa limit and a fine of up to ₹ 3 lakh.

Does the bill allow the states to explore and existing the migrants unspecified?

Yes. The Ministry of Home Affairs informed the Jharkhand High Court last year that since “the Central Government does not maintain a separate federal police force which is dedicated to the detection and exile work, especially illegally living foreigners, Action in this regard has been handed over to the state. “

As per the guidelines issued on 24 April 2014 and July 1, 2019, a foreign can be deported after the completion of the punishment/court proceedings by the state government, if he has a valid travel document/passport and any other The court case is pending. If the foreigner does not have a valid travel document, it should be obtained from the embassy or the High Commission.

What about detention centers?

The bill does not use the word ‘detention center’. Claus 13 says that foreigners are required to stay in a separate place for residence under supervision. ” Such places will be subject to the punishment of maintenance, discipline and discipline offenses and violations as the central government can determine from time to time. This center can regulate access to places in India where foreigners’ movements are banned. In 2019, following a directive by the Supreme Court, the MHA finalized the “Detention Center Manual” to restrict the movement of foreign nationals, which are waiting for exile due to non-conflicts of legitimate travel documents and To ensure that they are physically available at all times, quick repatriation and exile. Manual notes that states need “no specific approval” from the Ministry of Home Affairs for the establishment of “detention centers /holding centers /camps”. This suggests that the centers should be installed outside the prison premises and their number and size should be decided by the states, which keeps in mind the actual number of foreigners as well as the progress in exile proceedings.

What are other mechanisms to track foreigners’ movement?

The MHA has told the states that two committees have been formed in India to identify foreigners in India after East and January 2011, and beyond the visa period. Details of foreigners legally entered and are said to have been uploaded on the e-Fro portal to provoke visa rules, which can be accessed by the local police. Their details are also shared with government departments, running major welfare schemes, driving licenses and PAN databases, so that action can be taken if the documents are obtained from fraud. The MHA asked India’s Unique Identification Authority to make a negative list of the Aadhaar card, if the police investigation suggests that they were cheated.

MHA has also operated a foreign identity portal, which is accessible by the state police to upload biometrics and other details of “illegal foreigners”. The purpose of the portal is to identify the states to identify illegal migrants for exile and prevent them from purchasing documents such as Aadhaar.