38 Nepalis Charged with Criminal Offense for Illegal U.S. Entry; Section 1325 Applied for First Time

In the first nine months of fiscal year 2025 (October 2024 to June 2025), 38 Nepali citizens have been charged with criminal offenses for illegally entering the United States without visas, according to the U.S. Department of Justice. This marks the first recorded use of 8 U.S.C. § 1325 against Nepalis.

This federal statute criminalizes unauthorized entry into the U.S., and its application to Nepali immigrants signals a new development in immigration enforcement. The charges were filed in magistrate courts, with 19 individuals apprehended in Arizona and 19 in Texas.

The prosecutions in Arizona targeted Nepalis who crossed the border without a visa. Charges were distributed across several months: six in October 2024, eight in December 2024, one in January 2025, and four in February 2025. In Texas, charges were filed in the Southern and Western Districts. In Southern Texas, one individual was charged in April 2025, three in May, five in June, and nine in July. In Western Texas, charges were filed against one individual in October 2024, one in December 2024, three in April 2025, three in May, and two in June.

Under 8 U.S.C. § 1325, illegal entry is defined as entering or attempting to enter the U.S. at an unauthorized time or place, evading immigration inspection, or using false or misleading information to gain entry. Penalties for a first offense include fines, up to six months in prison, or both, with civil penalties ranging from $50 to $250 per incident. Repeat offenders face doubled fines and up to two years in prison.

Historically rooted in the 1920s eugenics movement, this law has been criticized for its discriminatory origins and application, particularly under the Trump administration, which used it to deter asylum seekers and separate families. Critics, including human rights advocates, argue that it continues to be enforced in a biased manner, despite its use under the Biden administration as well.

The 38 Nepali cases are part of a broader surge in Section 1325 prosecutions, with 10,693 immigrants charged in magistrate courts during the first nine months of fiscal year 2025. This figure exceeds the 5,340 prosecutions in fiscal year 2024, as well as prior years: 5,193 in 2023, 3,436 in 2022, and 261 in 2021. However, it remains below the peak of 27,630 in fiscal year 2020, during the Trump administration’s final year.

Following President Trump’s re-inauguration in January 2025, initiatives like “Operation Take Back America” saw over 1,300 immigration-related charges filed in a single week in April 2025 across border districts.

While the Nepali cases involve first-time illegal entry, district courts have separately prosecuted 7,907 individuals for other immigration offenses in fiscal year 2025, primarily illegal reentry under 8 U.S.C. § 1326, a felony carrying up to 20 years in prison for repeat offenders.

Globally, 21,994 individuals, mostly from Mexico, Guatemala, and Honduras, faced reentry charges, with no Nepalis included in these district court cases. The Nepali prosecutions are likely limited to misdemeanor charges, resulting in fines, short-term detention, and deportation by Immigration and Customs Enforcement (ICE).

Critics argue that Sections 1325 and 1326, tied to historically racist policies, exacerbate mass incarceration and disproportionately harm vulnerable groups. Legal challenges include a Nevada judge’s ruling years ago declaring Section 1326 unconstitutional, which was later appealed by the government.