India’s New Immigration Bill: A Threat to Refugees or a Security Measure?

Human rights lawyer Nandita Haksar argues that refugees should be seen as a resource rather than a burden, emphasizing the need for administrative support instead of criminalization. Despite hosting over 270,000 refugees, India lacks a dedicated refugee law and is not a signatory to the 1951 UN Refugee Convention.

The newly introduced Immigration and Foreigners Bill, 2025, replaces older laws but fails to address refugee rights, leaving them vulnerable. Haksar warns that labeling refugees as “migrants” allows governments to evade international humanitarian responsibilities. The bill grants sweeping powers to deny entry to foreigners based on broad reasons like national security and public health, which could be misused against asylum seekers.

A major concern is the bill’s failure to differentiate between economic migrants and refugees fleeing persecution. While Indian courts have historically upheld refugee rights, the new bill could criminalize their entry and stay. Additionally, requiring hospitals, schools, and landlords to report foreigners may lead to discrimination and increased fear among refugees.

Burmese refugees in India face severe challenges, as highlighted by Haksar’s legal fight for seven individuals fleeing Myanmar’s military coup. Despite initial court rulings in their favor, the government’s appeal labeled them as illegal migrants, leading to harassment, evictions, and even deaths due to lack of medical care.

Haksar argues that punishing refugees will not enhance national security but could create resentment. Instead, India should adopt a proper refugee law that balances security with humanitarian obligations. Providing dignity and support to refugees will strengthen India’s security, not weaken it. She urges the government to focus on building bridges rather than walls.

India’s New Immigration Bill: A Threat to Refugees or a Security Measure?

Human rights lawyer Nandita Haksar argues that refugees deserve support, not punishment. She emphasizes the need for clear laws in India to protect them, rather than treating them as criminals. Without proper legal frameworks, refugees remain vulnerable, struggling to access basic rights and security.

New Immigration Bill Ignores Refugee Rights

In March 2025, India introduced the Immigration and Foreigners Bill to update outdated regulations on passports, visas, and foreign residents. However, the bill fails to address the specific needs of refugees. Despite hosting over 270,000 refugees and asylum seekers from countries like Tibet, Sri Lanka, and Myanmar, India still lacks a dedicated refugee protection law. Though India has not signed the 1951 UN Refugee Convention, it has historically provided refuge to those fleeing crises.

Haksar warns that the new bill aligns with a growing global trend of categorizing refugees as “migrants,” allowing governments to sidestep their humanitarian responsibilities toward people escaping war, violence, or persecution.

Why the Bill Raises Concerns

The bill grants the government broad authority to deny foreigners entry on grounds of national security, public health, or foreign relations. Critics fear that this could be used to block legitimate asylum seekers—especially those lacking proper documentation—from finding safety.

Additionally, the law does not distinguish between refugees fleeing persecution and economic migrants seeking better opportunities. This ambiguity, combined with existing laws like the 2019 Citizenship Amendment Act (CAA), risks unfair treatment of marginalized groups, particularly Muslim refugees from neighboring countries.

While Indian courts have historically upheld refugee rights under the Constitution, the new bill threatens to undermine this progress by criminalizing unauthorized entry and residence, making it harder for refugees to seek legal protection.

National Security vs. Humanity

Haksar acknowledges the importance of national security but argues that punitive measures against refugees are counterproductive. The bill requires hospitals, schools, and landlords to report foreign nationals, which could fuel discrimination and fear. As a result, refugees may avoid seeking medical care or education, worsening their hardships.

Instead of treating refugees as threats, India should recognize their potential contributions. Many are skilled individuals who, if given opportunities, can enrich the economy and society.

Burmese Refugees: A Case Study

Haksar’s legal advocacy for seven Burmese refugees highlights the systemic challenges they face. Following Myanmar’s 2021 military coup, journalists and activists fled to India. One had previously been invited on a special visa, only to be later labeled an “illegal migrant.” The Manipur High Court initially ruled in their favor, allowing them to seek UNHCR protection in Delhi. However, the government appealed, insisting they be treated as illegal entrants.

Today, many Burmese refugees in India face harassment, eviction threats, and inadequate healthcare. One detainee even died due to lack of medical attention. Haksar warns that the new bill could worsen such situations by legitimizing the criminalization of refugees.

A Call for Compassion and Clarity

Haksar urges India to adopt a clear and fair refugee law that balances security concerns with humanitarian obligations. Instead of focusing on detention and deportation, the government should prioritize aid—such as healthcare, education, and housing—particularly in border regions.

She argues that treating refugees with dignity does not weaken national security; rather, it fosters trust and stability.

Conclusion

Building walls and fostering fear benefit no one. Refugees often flee unimaginable horrors, and offering them legal protection and opportunities can turn challenges into strengths. As Haksar points out, treating refugees humanely is not just a moral duty—it’s also a practical approach. With the right policies, skilled and resilient refugees can contribute positively to India’s economy and culture. Instead of exclusion, the focus should be on solidarity, ensuring India remains both a just nation and a place of refuge for those in need.