Four Bhutanese refugees—Santosh Darji, Roshan Tamang, Ashish Subedi, and Ashok Gurung—deported from the United States and subsequently arrested in Nepal for illegal entry, are now navigating a complex legal and humanitarian crisis. Deported by the Trump administration in March 2025, these individuals entered Nepal via India after Bhutan refused to accept them and sent them to the Indian border without documentation.
They now face fines, a daily visa fee of $8, and movement restrictions while awaiting repatriation to Bhutan, as Nepal’s Department of Immigration and Ministry of Home Affairs enforce immigration regulations. According to Tikaram Dhakal, spokesperson for the Department of Immigration, Nepal’s Immigration Act prohibits foreign nationals from entering or residing in the country without a valid passport and visa.
Each of the four refugees has been fined a minimum of NPR 5,000 (approximately $37) for illegal entry and must pay $8 daily for an entry visa until they provide a passport or travel document to facilitate their return to Bhutan. Dhakal noted that delays in the process could increase visa and penalty fees, with additional charges for time spent outside detention. “The goal is to repatriate them to their country of origin based on the documents they provide,” he said.
The refugees, previously resettled in the U.S. under a UN-led third-country resettlement program, were deported due to criminal convictions. Roshan Tamang was convicted of serious sexual abuse and other charges in Cincinnati, Ohio, and deemed a threat to the community. Ashok Gurung, who arrived in the U.S. in 2012, was deported following a 2014 aggravated assault conviction in Georgia, with a deportation order issued in 2017.
Upon their arrival in Bhutan, their documents were confiscated, and they were transported to the Indian border, leading to their illegal entry into Nepal. Three were arrested at the Beldangi refugee camp in Jhapa on March 29, 2025, while Gurung was detained in Bahundangi two days later.
Initially, the Kankadbhitta Immigration Office planned to deport them, but an interim Supreme Court order on April 17, 2025, by Justice Hariprasad Phuyal, halted this, citing violations of international conventions, including the 1984 Convention Against Torture and the principle of non-refoulement, which prohibits returning individuals to a country where they face serious harm.
On April 24, 2025, Justices Balkrishna Dhakal and Nityananda Pandey partially granted a habeas corpus petition filed by Narayan Prasad Subedi, Ashish Subedi’s father, ordering the refugees’ placement in refugee camps instead of deportation. Lawyer Himesh Krishna Kharel argued that their detention was illegal, given the unchanged circumstances that led to their initial refugee status.
Following the court order, Darji, Tamang, and Subedi were sent to the Beldangi refugee camp in Damak, Jhapa, while Gurung was placed in the Pathari-Shanischare camp in Morang. They were released to relatives but restricted from leaving their respective municipal areas—Damak for the Beldangi group and Pathari-Shanischare for Gurung—and must report to the nearest police station every seven days. Immigration Office Chief Tulsi Bhattarai confirmed compliance with the Supreme Court’s order and the Immigration Department’s directives.
The Supreme Court allowed 60 days for further investigation, a deadline set to expire on June 23, 2025. The Kankadbhitta Immigration Office completed preliminary investigations and sent a report, including U.S.-related details and documents, to the Immigration Department in Kathmandu for review. Dhakal stated that the department will determine if additional investigation is needed, noting that the case’s legal basis relies on Section 39(10) of the Immigration Act, though the framework for such cases remains unclear due to their novelty.
Until repatriation, the refugees are housed in refugee camps and required to report regularly to the police, as instructed by the Kakarvitta Immigration Office. The department is collaborating with organizations like the UNHCR to expedite document acquisition and hopes for a swift resolution. However, Dhakal acknowledged that formal deportation procedures may be initiated if delays persist. “Once they provide a ticket to their destination country, we will regularize their visa status until departure,” he said.
The Bhutanese refugee crisis began in the early 1990s when Bhutan expelled over 100,000 Nepali-speaking Lhotshampa citizens, forcing them into refugee camps in Nepal. Nearly 85,000 were resettled in the U.S., but around 7,000 remain in Nepal.
Deportees Darji, Tamang, Subedi, and Gurung face statelessness, as Bhutan does not recognize them as citizens, and Nepal, not a signatory to the 1951 Refugee Convention, has limited obligations. The Ministry of Home Affairs plans to coordinate with the Ministry of Foreign Affairs for diplomatic efforts to find a sustainable solution.
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