Modi govt’s ‘Immigration and Foreigners Bill’: Tougher rules amid Trump deportation row? All you need to know

Prime Minister Narendra Modi’s National Democratic Alliance (NDA) listed at least 16 bills for the Budget Session of Parliament, which began on January 31.

The ‘Immigration and Foreigners Bill’ is among the three new bills listed by the Modi government for the session. The other two are ‘The Protection of Interests in Aircraft Objects Bill’ and ‘The Tribhuvan Sahkari University Bill,’ news agency PTI reported.

The Budget session of Parliament began on January 31, with the president’s address to the joint sitting of the two Houses. The first leg of the session will conclude on February 13, and the second leg will continue from March 10 to April 4.

Union Finance Minister Nirmala Sitharaman presented the Union Budget 2025 on February 1.

Why the ‘Immigration and Foreigners Bill’?

The ‘Immigration and Foreigners Bill’ is seen as part of the Modi government’s intentions to regulate the entry of immigrants into the country. The bill could pave the way for an overarching law on the issue currently regulated by multiple laws, including the Foreigners Act 1946, the Passport Entry into India Act 1920, and the Registration of Foreigners Act 1939, even as more details are awaited.

As per the proposed bill, the onus will be on the carrier to remove the foreigner whose entry has been refused in India.

What is the role of DM?

Any District Magistrate or Commissioner of Police, or Superintendent of Police of the civil authority or Immigration Officer may, for any purpose connected with the enforcement of this Act or any rule or any order made thereunder, require the carrier to furnish such information as may be prescribed in respect of passengers or members of the crew on such aircraft, vessel or other of transport, reads the proposed bill.

However, the bill can only be taken up in Parliament once the Cabinet approves it. The Union Cabinet has yet to approve the draft of the bill.

The passengers on such carrier and any member of the crew of such carrier shall furnish to the carrier, any information required by him to furnish the information, the bill reads.

This Modi government wants to have a broader legislative agenda to address the issue of illegal immigration, particularly concerning Bangladeshis and Rohingyas in the country, as per reports.

According to the proposed law, the immigration officer shall hand over any foreigner whose entry has been refused to the carrier, and it shall be the responsibility of that carrier to ensure his removal from India without delay.

What is the role of the Immigration Officer?

“If any foreigner enters into India in contravention of any provision of this Act or any rule or order made thereunder, the civil authority or Immigration Officer may, within 2 months from the date of such entry, direct the carrier on which such entry was effected to provide accommodation, otherwise that at the expense of Central government, on such aircraft or vessel of any other mode of transport for the purpose of removing the said foreigner from India,” it reads.

The Modi government’s move comes close on the heels of the newly-inaugurated US President Donald Trump kicking off a crackdown on illegal immigrants, signing an executive order to end birthright citizenship and signing the Laken Riley Act that sets up the next phase of the immigration crackdown.

Trump’s Mass Deportation Row

It also comes days after images of over 100 Indian illegal immigrants deported from the United States in a military aircraft in handcuffs and leg restraints earlier this week triggered an uproar in Parliament during the ongoing Budget Session, prompting questions about the Standard Operation Procedures.

Amid opposition’s protests, Union External Affairs Minister S Jaishankar told the Parliament last week that India is engaging with the United States to ensure that the Indians being deported are not mistreated.