Abhishek Manu Singhvi calls the new Immigration and Foreigners Act 2025 a threat to democracy, warning it gives unchecked power to detain and deport. He says the law criminalises “foreignness” and violates basic rights.
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NEW DELHI: While people in India were busy discussing changes in the Waqf Act and also watching the news about U.S. President Donald Trump’s tariffs, the Indian government passed a new law – the Immigration and Foreigners Act 2025.
Senior Supreme Court lawyer and Congress Rajya Sabha MP, Abhishek Manu Singhvi, strongly criticised this law.
He called it
“Unconstitutional, un-Indian and Orwellian”.
He said that this new law is dangerous because it criminalises the idea of foreignness and that it gives too much power to the government –
“a licence to harass, detain and deport without rhyme, reason or remedy.”
In an interview with journalist Karan Thapar on The Wire, Dr. Singhvi explained more about why he believes this new law is not good for India.
According to him,
“This Act is not about managing immigration; it’s about institutionalising unchecked authority and normalising Kafkaesque imagery and Orwellian control.”
He also warned that the law may be used not just on foreigners, but on Indian citizens too.
“Today (this Act) targets suspicious foreigners. Tomorrow it may turn inward. The shadow it casts will not stop at the border.”
One of the most worrying parts of this law is Section 3, which gives the government the right to take action against anyone it wants.
ALSO READ: New Rules for Foreigners Entering India: Stricter Immigration Laws Explained
Dr. Singhvi said,
“It grants the government a blank cheque to define, detain and deport anyone they deem inconvenient … (and as a result) any foreigner can be cast out with no questions asked.”
What is even more troubling is that once an immigration officer makes a decision, there is no way to challenge it.
As Dr. Singhvi pointed out,
“final and binding…(there are) no appeals, no hearings, no oversight.”
Section 7 of the Act allows the government to control almost every part of a foreigner’s life in India.
“A foreigner can be told where to live, who to talk to, when to report, what to disclose and how to behave.”
This, according to Singhvi, shows that the law sees foreigners
“not as guests but as intruders.”
The Act also makes it compulsory for landlords, doctors, and educational institutions to keep an eye on foreigners and report their activities.
Dr. Singhvi explained,
“Every cough, every address change, and every college or hospital admission must be reported on pain of punishment.”
Under Section 14, the government has the power
“to shut down any premises frequented by foreigners – without evidence, without charge and with no specified thresholds for invocation.”
Singhvi calls this dangerous because it is
“guilt by association.”
Section 15 gives the Indian government the power to decide the nationality of a foreigner if that person has more than one passport.
“Big Brother (will) decide which country he wants to anchor you to.”
Lastly, Section 26 gives big powers to even the smallest level of police officials.
“A head constable is elevated to the level of a super-commissioner.”
In other words, someone at the lowest level of authority will have the power to make very serious decisions.
Dr. Singhvi ended his interview by saying,
“I will stop there. This is a deeply concerning issue that simply hasn’t got the attention it deserves. It was overlooked because of the focus on Waqf and the Trump tariffs.”
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