Centre’s New Immigration Bill

Context:

Recently, the Centre introduced a new immigration bill. The new bill aims to strengthen national security while streamlining immigration laws by replacing the old legislation.

Relevance:
GS-02 (Government policies and interventions)

What is the New Immigration bill?

  • Denial of Entry on Security Grounds: The bill confirms a stay or denied entry to those posing a threat to national security or sovereignty.
  • Final Authority of Immigration Officers The Bill strengthens the powers of the Immigration Officers by offering them legal backing. It makes their decisions binding.
  • Repeal of Outdated Laws: The Bill replaces four existing Acts:
    • The Foreigners Act (1946)
    • Passport (Entry into India) Act (1920), which has overlapping provisions dating back to World War eras.
    • Registration of Foreigners Act, 1939
    • Immigration (Carriers’ Liability) Act, 2000
  • Avoiding Legal Overlaps: The proposed law will streamline regulations related to passports, visas, foreigner registration, and exit procedures, reducing inconsistencies in multiple laws.
  • New Institutional responsibilities
    • Immigration Officers will have defined roles under the Bureau of Immigration.
    • Educational and medical institutions admitting foreign nationals may have new compliance requirements.
    • Foreigners may bear the burden of proof to establish their nationality.
  • Penalties for violations
    • Illegal entry: Up to 5 years’ imprisonment or fines up to ₹5 lakh.
    • Fraudulent travel documents: 2-7 years’ imprisonment, fines ranging from ₹1 lakh to ₹10 lakh.
  • Concerns & Implications
    • Strengthens national security by empowering immigration authorities.
    • Risk of executive overreach, as vague security concerns could be misused to deny entry.
    • May impact foreign students, medical tourists, and businesses due to increased scrutiny.
    • Clarity is needed on appeal mechanisms since immigration officers’ decisions are final.

Conclusion:

The new bill aims to bring in new reforms to strengthen national security. However, it is also important to safeguard it from being misused.

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