Nepalis Continue to Enter the U.S. Without Visas, Avoiding Border Patrol Amid Stricter Trump Policies

New York-based immigration attorney Ramesh Shrestha has revealed that Nepali nationals are still successfully entering the U.S. without visas by crossing the Mexico-U.S. border and avoiding encounter by U.S. Customs and Border Protection (CBP). Shrestha shared details of several such cases where Nepalis managed to avoid detection by border agents, though the overall number of such cases is very low. This comes at a time when the Trump administration has ended the “catch and release” policy for undocumented migrants apprehended at the border, mandating their indefinite detention instead.

Shrestha explained that under the current administration, anyone caught entering the U.S. without a visa—regardless of how long they have been in the country—is now subject to mandatory detention by Immigration and Customs Enforcement (ICE). “Even if they avoid CBP at the border initially, these individuals remain at constant risk of arrest at any future point,” Shrestha said. The previous practice of immigration judges releasing detainees on bond has been eliminated; only ICE can release them on parole.

For those who make it inside the U.S. undetected, the risk of arrest persists. If they file asylum applications—a common step for many undocumented migrants—the government gains access to their addresses, increasing the likelihood of ICE raids. This vulnerability is exacerbated by recent policy shifts that have broadened enforcement powers.

In the first week of September 2025, the Trump administration granted U.S. Citizenship and Immigration Services (USCIS) officials sweeping new powers, including the authority to arrest migrants, carry firearms, and execute warrants. Previously, such roles were limited to federal agencies like ICE. This allows USCIS to form a dedicated force of special agents tasked with investigating, arresting, and prosecuting immigration violations—civil and criminal alike. Agents are now authorized to use force when necessary, aligning their capabilities with other federal law enforcement bodies.

“This move significantly bolsters the government’s ability to track and detain undocumented individuals, even those who have been living in the U.S. for years,” Shrestha noted.

Compounding these changes, the Board of Immigration Appeals (BIA)—a powerful appellate panel under the Department of Justice—ruled in early September 2025 that immigration judges cannot release undocumented entrants on bond. This decision overturns decades of legal precedent, which had allowed long-term residents (those in the U.S. for over two years) to request release pending hearings if they posed no flight risk.

The ruling follows a policy reversal by the Trump administration just two months prior, which expanded mandatory detention to include even established undocumented immigrants attending routine court dates or check-ins. Previously, courts had deemed many such individuals low-risk, but now they face arrest without exception. Shrestha emphasized that this simplifies the government’s detention process, making it easier to hold people indefinitely during proceedings.

These developments pose a severe threat to thousands of Nepalis in the U.S., many of whom entered without visas and are currently fighting deportation cases while released on bond. According to immigration court records, 9,628 Nepali cases are pending nationwide, with 3,544 in New York alone.

Department of Homeland Security (DHS) data shows that approximately 9,000 Nepalis entered the U.S. without visas during President Joe Biden’s term, often paying thousands of dollars to smugglers. These figures only account for those apprehended by border patrol; the true number is likely higher, as undetected crossings go unrecorded.