Tens of thousands of migrants from countries including China and Venezuela could be exempt from the Biden administration’s ‘tough’ new border restrictions — because their home countries refuse to accept them back.

Over 150,000 people from those two nations alone have illegally crossed into the US so far in 2024, and hundreds more arrive daily.

Despite new orders to stop processing asylum claims once migrant encounters hit 2,500 per day for seven consecutive days, instructions from the Department of Homeland Security to border agents provide exceptions.

A memo seen by The Post reads: “Single adults and family units who are very hard to remove (such as countries which do not permit charter repatriation flights) … may be considered for processing of Expedited Removal or placed into section 240 removal proceedings.”

In plain English, ‘section 240 removal’ means “they’re released,” into the US, a Border Patrol source told The Post — explaining such migrants will be given a court date and allowed to pursue asylum, which typically take years to resolve.

“It’s all bulls–t,” a DHS official told The Post of the Biden administration’s new restrictions.

“They [migrants who can’t be deported] are not included in that 2,500 number, the language was ambiguous for a reason.”

Sources told The Post in total there were roughly 10,000 migrants in Border Patrol custody Thursday, with agents apprehending 4,000 illegal migrants on Wednesday alone, according to Fox News.

As of mid-2020, the list of countries which refused to accept deportations from the US included: Cambodia, China, Cuba, Eritrea, India, Iran, Iraq, Laos, Pakistan, and Russia, according to the Migration Policy Institute.

However, diplomatic relations are volatile and constantly change. Cuba now accepts one repatriation flight per month, according to Witness at the Border.

So far in the financial year 2024, which began October 1 last year, 27,000 migrants from China have been arrested by Border Patrol.

However, few are returned to the country and on March 30, a removal flight with just 14 deportees aboard landed in Shenyang, China, according to the site.

The communist country has yet to accept an agreement to regularly receive deportation flights and only agreed to take limited numbers of its citizens back, ICE said recently.

A total of just 89 migrants from China have been removed from the US in 2024, according to ICE data.

In 2023, there were 24,000 Chinese migrants who illegally entered the US, but only 285 were sent back.

One ICE source described China deportations as “hit or miss,” adding that the main problem is getting the Chinese government to issue travel documents for those set to be deported so they can be flown back home.

Additionally, Venezuela stopped accepting deportation flights from the US in February.

The number of Venezuelan migrants crossing the southern border illegally has skyrocketed in recent years, surpassing 200,000 in fiscal year 2023.

So far 124,000 Venezuelans have been arrested in the first seven months of fiscal year 2024, according to federal data.

ICE has removed roughly 1,500 Venezuelan nationals in 2024 so far, with Mexico agreeing to deport them to their home country after being expelled there by US authorities.

According to ICE figures, they deported 142,500 people in 2023. Of those almost 55,000 were to Mexico, followed by 22,000 to Honduras and 20,000 to Guatemala. Just under 10,000 people were send back to Colombia and arund 7,000 to El Salvador.

A Border Patrol source also emphasized another common factor — migrants who trash their IDs before entering custody sometimes lie about their country of origin, making it harder to further identify them, and complicating the possibility of removal.

If those migrants have no records of previous entries into the US and no criminal histories, they will likely be released if they say they’re from an uncooperative country, the source added.

Despite the new restrictions, migrants who are also found to have a “credible fear” of returning to their home country can also be released through the parole process, where they will be given a future court date.

Border agents “will change the disposition to NTA-released with a custody redetermination of paroled,” the memo states.

It doesn’t appear that migrant crossings have been affected by Biden’s new executive order and border agents have expressed doubt that it will have any real impact on the continued crisis.

“That’s like trying to plug the leak on the titanic with chewing gum. It’s way too little too late. He’s trying to act tough on the border but we know he’s been the most open border administration ever,” one agent recently told The Post.