{"id":16929,"date":"2025-07-21T09:37:52","date_gmt":"2025-07-21T09:37:52","guid":{"rendered":"https:\/\/jgu.edu.in\/jsgp\/jindal-policy-research-lab\/?p=16929"},"modified":"2025-07-21T09:37:53","modified_gmt":"2025-07-21T09:37:53","slug":"the-two-faces-of-the-immigration-coin-a-critique-on-the-immigration-and-foreigners-bill","status":"publish","type":"post","link":"https:\/\/jgu.edu.in\/jsgp\/jindal-policy-research-lab\/the-two-faces-of-the-immigration-coin-a-critique-on-the-immigration-and-foreigners-bill\/","title":{"rendered":"The Two Faces Of The Immigration Coin: A Critique On The Immigration And Foreigners Bill"},"content":{"rendered":"\n

By Anubhi Srivastava<\/p>\n\n\n\n

Abstract<\/strong><\/p>\n\n\n\n

The Immigration and Foreigners Bill, 2025 aims to modernize India\u2019s immigration framework by centralizing processes, enhancing security, and enforcing compliance. While many argue that it streamlines outdated laws and strengthens national security, critics highlight the risk of excessive centralization, bureaucratic inefficiencies, and economic drawbacks. Drawing from global case studies, including post-Brexit UK and Germany\u2019s federal approach, this article underscores the bill\u2019s potential impact on foreign investment, skilled migration, and regional autonomy. It also explores why India must balance security with economic competitiveness by ensuring that immigration policies remain flexible and attractive for global talent while addressing local needs and avoiding excessive bureaucratic hurdles.<\/em><\/p>\n\n\n\n

Modernizing India\u2019s Immigration Laws: Addressing Security and Policy Gaps<\/strong><\/p>\n\n\n\n

Given the rising global migration crisis, border security concerns, and the increasing complexities of illegal immigration, the bill is seen as a crucial step towards a more structured immigration framework. Recent developments, including the India-Canada diplomatic tensions over visa suspensions and India\u2019s growing role as a global economic hub, also make this bill particularly relevant. Moreover, India has faced challenges in dealing with undocumented immigrants, particularly in border states like Assam and West Bengal. As highlighted in past debates over the Citizenship Amendment Act, 2019 (CAA) and the National Register of Citizens (NRC), India needs a clear and updated immigration policy to distinguish between legitimate migrants, asylum seekers, and illegal forces.<\/p>\n\n\n\n

The Immigration and Foreigners Bill, 2025 (hereinafter referred to as the “bill\u201d) seeks to streamline various services related to immigration and foreigners, including their entry, exit and stay in the country. This bill repeals four existing laws, namely: Foreigners Act, 1946, Passport (Entry into India) Act, 1920, Registration of Foreigners Act, 1939 and the Immigration (Carriers\u2019 Liability) Act, 2000 which govern the services related to immigration and foreigners.<\/p>\n\n\n\n

A New Era of Immigration Laws: Key Objectives of the Bill<\/strong><\/p>\n\n\n\n

The bill is designed around three primary objectives:<\/p>\n\n\n\n

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  1. Modernization of Immigration Laws: The bill replaces four colonial-era acts, introduces digital tracking and biometric verification. Additionally, by establishing a centralized Bureau of Immigration, it aims to bring India\u2019s immigration policies in line with international standards, thereby attempting to shift to a more centralized, structured and transparent system. On the flip side, a centralized Bureau of Immigration may lead to delays, red tape, and administrative backlogs, similar to issues seen in India’s Aadhaar system and centralized visa processing delays in the US. It is also crucial to note that immigration issues also vary across<\/li>\n<\/ol>\n\n\n\n

    states, particularly in border regions like Assam and West Bengal where immigration concerns are highly multi-faceted and localized. A one-size-fits-all policies risks overlooking these historical and demographic differences, thereby limiting state governments’ ability to adapt immigration policies to regional needs.<\/p>\n\n\n\n