Bureau of Immigration empowered to examine immigration fraud, deport foreigners

The Union Ministry of Home Affairs (MHA) on Monday (September 1, 2025) notified the Rules to govern the Immigration and Foreigners Act, 2025, legally designating the Bureau of Immigration (BOI) to “examine cases of immigration fraud” and co-ordinate with the States to identify, deport or restrict the movement of foreigners, and collate and maintain immigration database.

Though the BOI earlier also performed similar functions, its role was regulatory and not codified in law.

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The Rules, for the first time, insert the legal provision for recording the biometric information of all foreigners, earlier restricted to a few visa categories and enforceable through executive orders of the MHA.

As per the Immigration and Foreigners Rules, 2025, educational institutes will have to inform the Foreigners Regional Registration Office (FRRO), which works under the BOI, about all foreign students and even provide semester-wise “academic performance” summary, including attendance details and “general conduct” report of such students.

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‘Can direct closure of resorts, clubs’

Under the Rules, the “civil authority” may direct the shutting down of any premise such as a resort, club or an entertainment place if the place is frequented by foreigners who are “undesirable”, involved in crime, members of an unlawful association or illegal migrants. The place can also be closed if “the premises are conducted in a disorderly or improper manner, or in a manner prejudicial to the public good”. Owners cannot open new premises without the approval of the civil authority.

Airlines and sea-carriers will have to submit all details of passengers and crew to the BOI within 15 minutes of departure.

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The Rules define the role of an “immigration officer” who shall be officers provided by the Intelligence Bureau.

The Immigration and Foreigners Act, 2025 was passed by Parliament in April. It provides for mandatory reporting of information about foreigners by hotels, universities, other educational institutions, hospitals and nursing homes to enable tracking of overstaying foreigners.

Matters relating to foreigners and immigration were being administered through four legislations: Passport (Entry into India) Act, 1920; the Registration of Foreigners Act, 1939; the Foreigners Act, 1946; and the Immigration (Carriers’ Liability) Act, 2000. All these laws now remain repealed.