Today, President Joe Biden announced a revision to his executive order regarding asylum access at the U.S. southern border. The updated policy mandates that the number of crossings between official entry points must stay below 1,500 for 28 consecutive days—an extension from the previous one-week requirement—in order for the current asylum restrictions to be lifted.
The revised rule also expands the daily threshold to include unaccompanied minors from non-neighboring countries. Previously, only migrant children from Mexico were counted. The new policy will take effect at midnight on October 1, 2024.
Under Biden’s new rules, if the daily average of illegal crossings drops to 1,500 for 28 consecutive days, the asylum ban will be lifted. However, if the average exceeds 2,500, the ban will be reinstated. Homeland Security Secretary Alejandro Mayorkas is required to make a factual determination about whether the threshold has been met.
According to a fact sheet published by the Department of Homeland Security (DHS), President Biden’s proclamation and the joint DHS-DOJ Interim Final Rule (IFR) have resulted in a significant reduction in unlawful border encounters at the southwest border. These measures, implemented in June, led to a 55% decrease in average daily encounters between ports of entry from June 5 to August 31, 2024.
Following President Biden’s strict entry ban for asylum seekers in June 2024, the number of new immigration court cases for Nepali asylum seekers has significantly declined. According to data from the Executive Office for Immigration Review, only 214 Nepalis filed for asylum in August 2024, marking a 67% decrease from November 2023, when a record 648 Nepalis sought asylum. In July 2024, the number of filings was 159.
This August’s figure is also lower compared to August 2023, when 231 Nepalis filed for asylum, reflecting a continued downward trend in new immigration court cases since Biden’s June 4 proclamation. The July and August 2024 numbers represent the lowest since March 2023.
As of August 2024, 8,649 Nepali asylum cases are pending in U.S. immigration courts, a slight increase from the 8,537 cases pending as of the previous month. Over the past 25 years, 7,149 Nepali asylum cases have been approved.
More than 10,000 Nepalis have been encountered by U.S. Border Patrol (USBP) at the southwest border over the past decade, according to data from the Department of Homeland Security (DHS). The statistics, covering the period from 2014 to March 2024, highlight a significant trend in migration patterns.
The number of Nepalis encountered at the border has steadily increased over the years. According to DHS, 5,300 Nepalis entered the U.S. without visas from the Mexican border in the 18 months spanning fiscal year 2023 and the first six months of 2024. This figure is notably higher than in previous years.
From 2014 to 2022, a total of 5,180 Nepalis entered the U.S. without a visa from the Mexican border. However, the number of Nepalis entering without a visa surged significantly in the 18 months from October 2022 onward. This data only includes those apprehended by the Border Patrol while entering the United States.
In the final months of fiscal year 2024, there was a decline in the number of Nepalis entering without a visa. January 2024 saw 200 entries, followed by 230 in February and 160 in March. These figures are lower than in previous months, with 420 in December 2023, 550 in November, and 610 in October, totaling 2,160 Nepalis in the first six months of the current fiscal year.
Fiscal year 2023 saw the highest number of Nepalis entering the U.S. through the Mexican border without a visa, with a total of 3,140 entries. Monthly figures include 170 in October 2022, 220 in November, 320 in December, 140 in January 2023, 100 in February, 130 in March, 260 in April, 460 in May, 480 in June, 310 in July, 240 in August, and 330 in September.
In fiscal year 2022, 1,490 Nepalis entered the U.S. without a visa, while in 2021, the number was 420. During the Biden administration, a total of 7,210 Nepalis have entered without visas, compared to 1,850 during the four years of the Trump administration. Annual figures for the Trump administration include 650 in 2017, 720 in 2018, 340 in 2019, and 140 in 2020.
Before this, 460 Nepalis entered in 2014, 410 in 2015, and 550 in 2016. Many of these migrants paid thousands of dollars to agents to enter the U.S. without a visa and were apprehended by the Border Patrol. Some were released into the U.S., while others were detained in detention centers, and some have even been deported.
Kishor Panthi
View More PostsKishor Panthi is the founder and editor-in-chief of Khasokhas and NepYork. He is the author of three books, “Kampan,” "UNTRANSLATABLE" and “Zero Mile.” He writes about social issues, immigration, and politics.
