What the New Foreigners Act Means for Minority Religious Groups in India

(INDIA) India’s new Immigration and Foreigners Act, 2025 took effect on September 1, marking the most sweeping rewrite of the country’s immigration laws in decades. The Act creates targeted exemptions from registration and penalties for certain religious minorities from Afghanistan, Bangladesh, and Pakistan who entered by December 31, 2024.

The Ministry of Home Affairs (MHA) notified the companion Immigration and Foreigners (Exemption) Order, 2025 the same day. That Order formalizes how these protections will work on the ground and sets the stage for a new enforcement and registration framework.

Legislative background and consolidation

Parliament cleared the Act earlier in 2025—Lok Sabha on March 27, Rajya Sabha on April 2, with Presidential assent on April 4. The law consolidates four older statutes into a single framework:

• Passport (Entry into India) Act, 1920
• Registration of Foreigners Act, 1939
• Foreigners Act, 1946
• Immigration (Carriers’ Liability) Act, 2000

The consolidated Act defines entry rules, registration procedures, penalties, and the scope of exemptions.

Who is covered by the Exemption Order

Under the Exemption Order, the following groups from Afghanistan, Bangladesh, and Pakistan who entered India on or before December 31, 2024 are protected from penal action for entering or staying without valid passports, visas, or other travel documents:

• Hindus
• Sikhs
• Buddhists
• Jains
• Parsis
• Christians

Protections also cover individuals whose documents expired after arrival.

The MHA has stressed these are exemptions from penal action and registration, not a grant of nationality. The citizenship cutoff date under the Citizenship Amendment Act (CAA) remains December 31, 2014.

Exclusions and controversy

• Muslims are excluded from the exemptions. This continues a policy thread that began in 2015 notifications and was later embedded in the CAA.
• Supporters describe the measure as targeted relief for minority communities facing religious persecution.
• Critics—including civil society groups and some legal scholars—argue the framework institutionalizes religious selectivity and leaves persecuted Muslim groups without relief.

Analysis by VisaVerge.com suggests the exemptions were deliberately designed to separate temporary protection from nationality, while directing administrative resources toward registration systems and data accuracy.

Policy changes overview

The Immigration and Foreigners Act, 2025 accomplishes three main goals:

1. Consolidates legal authority across older laws.
2. Clarifies and expands exemptions for specific groups.
3. Standardizes penalties for entry and stay violations by non-exempt foreigners.

The MHA has also delegated enforcement powers to states and Union Territories to put day-to-day immigration control closer to where migrants live and work.

Exempt and additional covered categories

• Exempt minority groups (entered on or before December 31, 2024) are protected from detention and deportation for lacking valid documents and are exempt from registration obligations.
• Other recognized exemptions include:
  • Tibetans who entered between 1959 and May 30, 2003 with special entry permits and who registered with authorities.
  • Registered Sri Lankan Tamil nationals who took shelter in India up to January 9, 2015.
  • Nepalese and Bhutanese citizens entering through approved land borders (exceptions apply for certain third-country routes).
  • Members of the Indian Armed Forces and their families entering or exiting on duty.
  • Certain carriers and foreign officials in defined circumstances.

Penalties for non-exempt foreigners

For foreign nationals not covered by exemptions, the Act sets clear penalties:

• Under Section 21: illegal entry can draw up to 5 years’ imprisonment and/or a ₹5 lakh fine.
• Under Section 23: overstaying may lead to up to 3 years’ imprisonment and/or a ₹3 lakh fine.

These penalties replace a prior patchwork and aim for consistent enforcement across states.

Registration, holding centres, and administrative design

• The law’s registration chapter gives officials standard tools to track arrivals, departures, and address updates.
• The MHA says the goal is reliable data and better coordination, not blanket targeting of foreigners (per Minister of State for Home Affairs Nityanand Rai).
• Every state and Union Territory must set up dedicated holding centres for people found to be in India without legal stay and who do not qualify for exemptions. This formalizes previously ad hoc facilities and will attract legal and public scrutiny during implementation.

Impact on affected communities

For many non‑Muslim minority migrants who arrived after 2014 but before December 31, 2024, the Exemption Order provides immediate, practical relief.

• Without valid passports or visas, many lived in legal limbo—at risk of detention, unable to register for services, and fearful of routine police checks.
• The new exemptions shield them from penal action and remove registration burdens, enabling:
  • More stable housing and work
  • School enrollment for children
  • Access to essential services without fear of detention

However, the Act does not create a new path to citizenship for post‑2014 arrivals.

• The CAA citizenship cutoff date remains December 31, 2014.
• Those who arrived after that date must pursue nationality via standard naturalization, which requires continuous residence, knowledge of an Indian language, and multiple clearances, and can take many years.

Specific groups clarified

• Tibetans and Sri Lankan Tamils included under date-based carveouts gain clarity; older permits and arrangements are mapped into the new law.
• Nepalese and Bhutanese citizens retain reinforced open-border arrangements, with explicit exceptions for certain third-country routes.

Social and legal debate

• Excluding Muslims from the exemptions will continue to fuel court challenges and public debate.
• Human rights groups argue persecution can affect Muslim minorities and dissenters and call for religion-neutral approaches.
• Supporters argue the measure is a focused humanitarian response for groups with documented religious discrimination, and that broader refugee protections can be addressed outside the CAA.

Practical steps for individuals who believe they qualify

1. Confirm eligibility:
   • You must have entered India on or before December 31, 2024.
   • You must belong to one of the six listed minority communities from Afghanistan, Bangladesh, or Pakistan.
2. Registration relief:
   • If you fall within the Exemption Order, you are not required to complete foreigner registration steps that would otherwise apply.
   • Those previously registered can keep their records and will not face penalties for gaps tied to document expiry.
3. Gather documentation:
   • Old passports, expired visas, entry stamps, residence letters from local authorities, community letters, or school and hospital records showing presence in India before the cutoff.
4. Apply for recognition under the Exemption Order:
   • Approach the designated authority (commonly the Foreigners Registration Officer or local MHA‑authorized office) to have your status recorded for administrative purposes.
   • While penal action and registration are waived, local authorities may still ask for basic information to update records.
5. Long-term planning:
   • The exemptions do not grant nationality.
   • If you arrived before December 31, 2014, you may explore citizenship under the CAA.
   • If you arrived later, consider standard naturalization when eligible.

Administrative and operational implications

• VisaVerge.com notes the Act strikes a balance between immediate relief and tighter system control: defined groups are shielded while firmer penalties apply to others.
• The shift should reduce day-to-day arrests among protected minorities and let enforcement focus on recent unlawful entries.

Operational challenges for states and Union Territories include:

• Building and managing holding centres (budgets, training, health and safety standards).
• Coordinating with courts to ensure detention remains lawful, time‑bound, and subject to review.
• Aligning procedures across states to a uniform penalty regime, which may cause an initial spike in cases as authorities adapt.

Stakeholders should watch for further MHA circulars clarifying:

• Evidence standards for eligibility
• Local workflows and record-keeping
• Any digital portals to support case handling

For official notifications, readers can consult the Ministry of Home Affairs: https://mha.gov.in

Key takeaways and unresolved questions

• Immediate winners: stateless minority families who feared detention for lacking valid papers can now stabilize housing, enroll children, and access healthcare without constant worry.
• Unresolved issue: long-term status remains unclear. Many will live in India with protected stay but no clear path to full citizenship if they arrived after December 31, 2014.
• The Act is framed by the government as a modern management tool with a humanitarian carveout; critics view it as a religious filter paired with formal detention infrastructure.

The Immigration and Foreigners Act, 2025 sets firm rules on registration, exemptions, and penalties—and gives tens of thousands of people immediate protection from punishment for how they crossed a border many years ago.