Concerns Over Citizenship Loophole in Northern Mariana Islands Amid Birth Tourism Debate

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A Republican lawmaker is sounding the alarm on a little-known citizenship loophole in the Northern Mariana Islands that’s reportedly being exploited by Chinese nationals for birth tourism.

Key Insights

  • Rep. Tom Tiffany urges DHS to close a loophole allowing visa-free entry to the Northern Mariana Islands for Chinese nationals.
  • Births from foreign nationals in the 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.
  • Security concerns arise due to the proximity of U.S. Naval Base Marianas.
  • Birth tourism has become linked to criminal trafficking networks.

Republican Lawmaker Raises Concerns Over Northern Mariana Islands Loophole

Wisconsin Republican Representative Tom Tiffany is taking a stand against what he perceives as a significant threat to national security and the integrity of U.S. citizenship. Tiffany is urging the Department of Homeland Security to address a loophole that allows Chinese nationals to enter the Commonwealth of the Northern Mariana Islands (CNMI) without a visa, facilitating what’s known as “birth tourism.”

This controversial practice enables foreign nationals to give birth on U.S. territory, thereby granting U.S. citizenship to their children. The rule, 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 births from foreign nationals in the Northern Mariana Islands.

Alarming Statistics and Security Concerns

The impact of this loophole is evident in the statistics. Births from foreign nationals in the Northern Mariana Islands skyrocketed from less than 10 in 2009 to almost 600 in 2018. Even more concerning, the practice has led to more births from foreign nationals than from legal U.S. residents in recent years.

“Rep. Tom Tiffany, a Wisconsin Republican, is urging the Department of Homeland Security to close an Obama-era loophole that allows foreigners to use the Commonwealth of the Northern Mariana Islands as a ‘birth tourism’ destination.” – Rep. Tom Tiffany

Tiffany argues that this loophole poses significant security risks, particularly due to the proximity of the U.S. Naval Base Marianas. The congressman contends that Chinese nationals should meet the same visa requirements as for any other part of the U.S., emphasizing that the current situation offers no tangible benefits to the country while potentially compromising national security.

Birth Tourism: A Growing Industry with Criminal Ties

The practice of birth tourism has evolved into a cottage industry, disturbingly linked to criminal trafficking networks. A recent case highlighted the severity of the issue when U.S./Taiwanese dual citizen Richard Peng was prosecuted for his role in an underground birth tourism network, receiving a prison sentence and fine.

“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.” – Rep. Tom Tiffany

Critics of the current policy argue that it offers an unwarranted advantage to Chinese citizens and warrants urgent reform. Republican Arizona Rep. Andy Biggs has joined Tiffany in supporting the closure of the CNMI loophole, noting that it is widely abused and not well known to the general public.

Calls for Action and Policy Reform

Tiffany’s efforts to address this issue extend beyond recent actions. In 2020, he wrote to a previous administration official, criticizing the use of parole authority to allow Chinese nationals entry outside normal visa rules. The congressman is now targeting the Guam-CNMI Visa Waiver Program, which permits Chinese tourists to enter these territories without a U.S. visa.

“Whether through a new territorial waiver or the widespread use of parole, visa-free travel to the US territories for nationals of Communist China breeds national security, public safety, and immigration fraud concerns.” – Tom Tiffany

As the debate continues, it’s clear that this issue touches on broader concerns about immigration policy, national security, and the value of U.S. citizenship. With Tiffany and other lawmakers bringing attention to this little-known loophole, it remains to be seen how the Department of Homeland Security and the Biden administration will respond to these calls for reform.

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