NDTV Explains New Immigration Bill That Can Deny Foreigners Visas Over 'National Security'

Foreigners can be denied visas on national security grounds, their movements can be restricted, and they can be penalised for violating rules governing their entry into, and exit from, India, according to a proposed law tabled in Parliament Tuesday by Home Minister Amit Shah.

The Immigration and Foreigners Bill, 2025, is meant to 'modernise and consolidate' existing laws on this topic, and will also give the government the power to regulate admission of foreigners into universities and hospitals, as well as other educational and medical institutions.

The new law will replace four that govern the entry of foreigners and includes the requirement for passports and visas. These are the Passport (Entry into India) Act, 1920; the Registration of Foreigners Act, 1939; the Foreigners Act, 1946; and the Immigration (Carriers' Liability) Act, 2000. The first three were passed by the British and the result of a post-World War scenario.

The government has said the new law will also re-define the role and function of immigration officers, whose word on denial of visas over 'threats to national security' will be binding.

The government's ability to deport foreigners, or offer exemption, will also be specified.

New Immigration Law Details

The new immigration bill, sources told NDTV, is being enacted to avoid multiplicity and overlapping of laws on the same, or related subject, and to simplify the language.

There are six chapters - with a total of 35 clauses - in this new text.

Among other points, the new bill

1. Defines the role and function of an immigration officer,
2. Requirements, including passports, for the issue of visas, and
3. Registration of foreigners.

These functions are currently handled by the Bureau of Immigration, which is a "professional, effective, and efficient immigration service to facilitate legitimate travellers, while ensuring national security". Sources told NDTV the new law will give that agency more legal backing.

The new law will also regulate the conditions for universities and hospitals' offers of admittance to foreigners. Sources said this addition is necessary since there is no rule, at present, on this topic.

Foreigners are, however, required to register with the Foreigners Regional Registration Office, in accordance with the Passport (Entry into India) Act, the Foreigners Act, and the Registration of Foreigners Act. The term 'foreigners', in this case, also refers to those of Indian origin.

According to the Home Ministry, those visiting India for more than 180 days, whether for medical, employment, education, or research purposes, must register themselves.

Tourists are exempt providing they do not stay continuously for more than 180 days.

Foreigners will continue to be required to carry proof of foreign status - i.e., a passport or an equally applicable document - at all times.

Foreigners As 'National Security Threat'

The specific section in the new law states - "... no foreigner shall be allowed to enter into, or stay in India, if s/he is found inadmissible to do so on account of threat to national security, sovereignty, and integrity of India... or on such other grounds as the government may specify".

Denying entry is not a new topic. In fact, last month Indian-American politician Kshama Sawant was denied - not for the first time - a visa to visit her ailing mother in Bengaluru. She claimed she had been rejected thrice while her husband, Calvin Priest, was granted an emergency visa.

In a post on X she said it was because "I'm on (the Narendra) Modi government's 'reject list'".

Ms Sawant is a long-time vocal critic of the ruling BJP.

And, last year, the government refused entry to Nitasha Kaul, a British national. She was deported, she claimed, shortly after her arrival at the airport in Bengaluru.

Denial of entry to foreigners was not explicitly mentioned in earlier laws, but there was a notification issued by the Home Ministry in February 1948, called The Foreigners Order.

This allowed the government to deny entry if s/he does not hold a valid visa, or is of "unsound mind", or suffers from a "loathsome or infectious disease", or "sentenced in foreign country for an extradition offence". Entry can also be refused "under an issued by a competent authority".

NDTV is now available on WhatsApp channels. Click on the link to get all the latest updates from NDTV on your chat.