Birth Tourism and Citizenship Loopholes in U.S. Territories: The Northern Mariana Islands Controversy

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A loophole in U.S. immigration policy is causing a surge in “birth tourism” in the Northern Mariana Islands, raising concerns about national security and the integrity of American citizenship.

Key Takeaways

  • Rep. Tom Tiffany is urging the closure of a loophole allowing Chinese nationals visa-free entry to the Northern Mariana Islands.
  • Births by foreign nationals in the Northern Mariana Islands increased from less than 10 in 2009 to almost 600 in 2018.
  • The practice has led to more births from foreign nationals than from legal U.S. residents in recent years.
  • There are security concerns due to the proximity of the U.S. Naval Base Marianas.
  • The loophole is seen as a security risk and offers no tangible benefits to the U.S.

The Northern Mariana Islands Loophole

Wisconsin Republican Representative Tom Tiffany has brought attention to a concerning loophole in U.S. immigration policy that allows Chinese nationals to enter the Commonwealth of the Northern Mariana Islands (CNMI) without a visa. This policy, initially implemented by former President Barack Obama in 2009 and continued under President Joe Biden in January 2024, has led to a significant increase in “birth tourism” in the region.

The numbers are staggering. Births from foreign nationals in the Northern Mariana Islands increased from less than 10 in 2009 to almost 600 in 2018. More alarmingly, this practice has led to more births from foreign nationals than from legal U.S. residents in recent years. This demographic shift raises questions about the long-term implications for the islands and the United States as a whole.

Security Concerns and Citizenship Issues

The proximity of the U.S. Naval Base Marianas to the Northern Mariana Islands adds a layer of security concern to this issue. Rep. Tiffany argues that this loophole poses a significant national security threat, particularly given the tensions between the United States and China.

“Set aside the birthright citizenship part of it, it’s allowing people to gain citizenship that are coming from communist China.” – Rep. Tiffany

The practice of birth tourism not only grants U.S. citizenship to children born in the CNMI but also potentially allows these children to later obtain green cards for their families. This chain migration effect could have far-reaching consequences for U.S. immigration policy and demographics.

A Growing Industry and Criminal Networks

Birth tourism has evolved into a cottage industry in the Northern Mariana Islands, complete with its own criminal trafficking network. The case of Richard Peng, a U.S./Taiwanese dual citizen who was prosecuted for his role in an underground birth tourism network, highlights the criminal element that has emerged around this practice.

“What’s happening in Northern Mariana is particularly vexing because it is not well known and abused widely.” – Republican Arizona Rep. Andy Biggs

The CNMI is not the only location targeted for maternity tourism, but its unique visa-free status for Chinese nationals makes it particularly attractive. This loophole, part of the Guam-CNMI Visa Waiver Program, allows Chinese tourists to enter these territories without a U.S. visa, a privilege not extended to other parts of the United States.

Calls for Action

Rep. Tiffany and other lawmakers are calling for immediate action to close this loophole. They argue that Chinese nationals should be required to meet the same visa standards for visiting the CNMI as they do for any other part of the United States.

“DHS must close the loophole that allows Chinese nationals to enter the Northern Mariana Islands without a visa. This is being exploited for birth tourism, granting U.S. citizenship to children born there.” – Western Journal

While the current administration has implemented some measures, such as the EVS-TAP program which includes electronic screening and a maximum 14-day stay for Chinese nationals traveling to CNMI and Guam, critics argue these steps are insufficient. The debate continues over how to balance economic interests, national security concerns, and the integrity of U.S. citizenship in addressing this complex issue.

Sources:

  1. GOP Congressman Sounds the Alarm on Little-Known US Citizenship ‘Loophole’ Being Exploited by the Chinese
  2. EXCLUSIVE: GOP Rep Goes After Loophole Allowing Chinese To Abuse Birthright Citizenship In Northern Mariana Island | Representative Tom Tiffany
  3. US congressman wants end to Chinese visa-free travel to CNMI, Guam | RNZ News