86-Year-Old Philippine Immigration Law Called Outdated—Here’s What BI Wants Changed

MANILA, Philippines — The country’s immigration system could be heading for a major overhaul after Bureau of Immigration (BI) Commissioner Joel Anthony Viado renewed calls to replace the Philippine Immigration Act of 1940, saying the 86-year-old law can no longer fully address the realities of modern border security.

Viado said the law, also known as Commonwealth Act No. 613, was created in an era vastly different from today and needs to be replaced with a framework that gives immigration authorities stronger powers, clearer rules and modern technological capabilities.

The BI chief’s remarks came after immigration modernization was included in the Common Legislative Agenda of the 20th Congress, following its consideration by the Legislative-Executive Development Advisory Council (LEDAC).

Why the 1940 law is under scrutiny

Commonwealth Act No. 613 was enacted in 1940 and remains the legal foundation for the Bureau of Immigration’s administration and enforcement of immigration laws. The original law was designed for a very different period, long before digital identity systems, biometric screening, automated border controls and today's high volume of international travel.

The BI now argues that simply adding regulations and administrative measures to the decades-old framework is no longer enough.

Viado said a modern immigration law should equip officers to deal with increasingly complex threats, including human trafficking, illegal recruitment, foreign fugitives, transnational crime and rapidly changing patterns of international travel.

Modern border security is now a priority

The push comes as the Philippines continues upgrading its immigration infrastructure.

Earlier this year, the BI said it was pursuing modernization initiatives involving biometric technology and electronic gates, with plans to expand upgraded e-gate systems beyond Metro Manila. The agency said these technologies are intended to make passenger processing faster while allowing immigration personnel to concentrate on higher-level assessment and enforcement.

The BI has also laid out a long-term “S.M.A.R.T. Immigration by 2040” vision focused on becoming a modernized, agile and technology-driven immigration authority capable of responding to changing migration and security challenges.

But officials say technology alone cannot solve the problem if the legal framework behind immigration enforcement remains outdated.

Senate has already taken up immigration reforms

The issue is not new.

In February 2026, the Senate Committee on Justice and Human Rights tackled proposed reforms for the Bureau of Immigration. Viado told lawmakers that the 1940 law was no longer responsive to present-day conditions and that modernization was necessary.

He pointed to challenges such as global mobility, transnational crime, cyber-related fraud, terrorism financing, human trafficking, climate-induced displacement and sophisticated cross-border movements.

The scale of the challenge is also significant. Viado told the Senate that the BI has immigration officers deployed across international ports, subports and border crossings, as well as alien control offices nationwide. Yet the agency has only about 1,818 immigration officers, alongside more than 100 intelligence officers and fewer than 20 fugitive search unit agents, according to Philippine News Agency's report on the Senate hearing.

Senators have likewise raised concerns over data-sharing and vulnerabilities at seaports and other border points.

What could change under a new law?

The proposed modernization is expected to provide a more comprehensive legal foundation for immigration administration.

Among the areas being discussed are:

• stronger border-security powers;
• clearer immigration enforcement rules;
• improved procedures for dealing with foreign fugitives and other security threats;
• wider use of biometric and digital technologies;
• stronger institutional capacity for the BI;
• improved coordination and information-sharing among government agencies; and
• more efficient processing for legitimate tourists, workers, businesses and migrants.

The BI has emphasized that modernization should not only strengthen enforcement but also make legitimate travel, tourism, business and migration more efficient.

A proposed modernization bill is already being pursued in Congress. House Bill No. 1927, filed in the 20th Congress, seeks to modernize the BI by defining its powers and functions, professionalizing its organization, upgrading compensation and benefits, and providing funding for the agency. Its explanatory note says decades of additional regulations have created a patchwork of rules that can produce inconsistencies and legal ambiguities.

Why this matters to travelers

For ordinary Filipinos and foreign visitors, the proposed overhaul does not automatically mean that new immigration requirements are already in effect.

Rather, the current push is about changing the legal framework governing how immigration authorities operate.

The BI has separately been working on border-management modernization, including proposed systems involving advanced biometrics, automated controls and data integration. However, some modernization projects remain under review and should not be confused with already-approved new travel requirements.

The agency says the objective is to create a system that can protect Philippine borders while keeping legitimate international travel efficient.

An 86-year-old law meets a rapidly changing world

The Philippine Immigration Act of 1940 has survived for more than eight decades through amendments, regulations and administrative changes. But immigration officials now argue that incremental fixes are no longer enough.

The government's inclusion of immigration modernization in the 20th Congress' legislative agenda could give the long-running reform effort fresh momentum.

For Viado, the issue goes beyond simply replacing an old statute.

It is about giving the Philippines an immigration system capable of dealing with modern technology, faster global mobility and increasingly sophisticated cross-border threats — while still protecting the rights of legitimate travelers and foreign nationals.

The big question now is whether Congress can finally turn decades of calls for immigration reform into a comprehensive law for the modern Philippines.