Visa overstays now a major driver of U.S. illegal immigration, surpassing border crossings

By lauraharris // 2025-06-01

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A DHS report reveals that 739,450 people became undocumented immigrants in FY 2023 by overstaying visas – nearly 40 percent of new cases. Overstays have fluctuated as the primary source of undocumented immigration since 2007, surpassing illegal crossings in some years.
India ranks seventh for visa overstays (19,000 in FY 2023) but is the 3rd-largest source of undocumented immigrants overall (725,000). Meanwhile, illegal border crossings by Indians spiked – 1,600 at the northern border in 2023, quadrupling the prior three years' total.
Despite overstay concerns, illegal border crossings remain critical, exceeding two million arrests in FY 2023 (the second consecutive year). Mexicans account for a third of entries, with Latin American nations dominating illegal crossings.
The Trump administration warned Indian nationals against overstays, threatening deportation and lifetime bans. Policy changes allow visas to be revoked without notice, targeting students who violate terms (e.g., dropping out or unauthorized work).
USCIS emphasized that visas/green cards are privileges, not rights, and warned immigrants supporting violence or terrorism would lose eligibility. The U.S. Embassy in India reinforced this stance on social media, urging adherence to visa terms.

A new Department of Homeland Security (DHS) report has revealed that nearly 40 percent of new undocumented immigrants in fiscal year 2023 entered the U.S. legally before overstaying their visas. Historically, illegal border crossings dominated discussions on undocumented migration. However, data from the Center for Migration Studies shows that the balance has fluctuated over the past two decades. In the year 2000, 400,000 people entered illegally via borders, compared to 225,000 visa overstayers. By 2007, overstays surpassed border crossings – a trend that reversed again in 2019 as illegal entries surged. (Related: ICE begins NATIONWIDE raids targeting criminal illegal immigrants.) In 2024, an estimated 860,000 individuals became undocumented by illegally crossing borders, but more than 510,000 people remained in the country after their visas expired. India ranks seventh among nations for visa overstays, with approximately 19,000 Indians overstaying in FY 2023, the highest among non-Latin American or Caribbean countries. While this marks a decline from 25,000 in FY 2016, India remains the third-largest source of undocumented immigrants (725,000), trailing only Mexico and El Salvador. Meanwhile, illegal border crossings by Indians have surged, with 1,600 apprehended at the northern border in 2023 – four times the total from the previous three years combined. Since 2007, illegal crossings by Indians exceeded 5,000 in a fiscal year only four times. Despite the rise in overstays, illegal border crossings remain a pressing issue. Arrests at the southern border surpassed two million in FY 2023 – the second time in two years – with Mexicans accounting for nearly a third of all illegal entries. Latin American nations and Haiti dominate the top 10 nationalities crossing illegally.

U.S. warns Indian nationals against visa overstays, threatens deportation and lifetime ban

Now that President Donald Trump is targeting visa compliance, his administration recently warned Indian nationals against overstaying U.S. visas or facing lifetime bans. "If you remain in the United States beyond your authorized period of stay, you could be deported and could face a permanent ban on traveling to the United States in the future," the U.S. Embassy in India said in a May 17 post on X. This is not the first time U.S. authorities have emphasized visa compliance. On April 30, the U.S. Citizenship and Immigration Services (USCIS) also issued a public advisory reminding immigrants that visas and green cards are privileges, not rights. "Coming to America and receiving a visa or green card is a privilege. Our laws and values must be respected," the USCIS said in a public advisory. It further warned that any immigrant supporting violence or terrorism would lose eligibility to remain in the United States. "If you advocate for violence, endorse or support terrorist activity or encourage others to do so, you are no longer eligible to stay in the United States." Recent policy changes have also eliminated certain legal protections for visa holders. A new government memo allows immigration authorities to revoke visas without prior notice or appeal options, particularly for students who drop out of school or violate work restrictions. The advisory holds significant implications for Indian nationals, who constitute 270,000 Indian students in American universities during the 2022–2023 academic year, one of the largest groups of foreign students and skilled workers in the U.S. Data from the Institute of International Education. For more updates about illegal immigrants in the U.S., visit OpenBorders.news. Watch this warning from President Donald Trump aimed at officials who lead sanctuary jurisdictions.

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U.S. warns Indian nationals against visa overstays, threatens deportation and lifetime ban

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