Lawmakers are not satisfied with the federal government's response to Chinese nationals freely entering U.S. territories, with one senator saying it puts the military "at risk."
More than two dozen members of Congress have blamed the Biden administration for not closing what are viewed as visa loopholes allowing Chinese individuals to, in some cases, gain illegal entry into Guam through the Commonwealth of the Northern Mariana Islands (CNMI).
National security concerns stem from a U.S. Customs and Border Protection–sponsored Visa Waiver Program, which permits Chinese nationals to enter Guam through the CNMI without a separate B-1 (business) or B-2 (tourism) visa.
On November 30, 2023, 32 senators and representatives, including Senator Joni Ernst of Iowa and Representative Neal Dunn of Florida, wrote a letter to Department of Homeland Security (DHS) Secretary Alejandro Mayorkas expressing concern about the policy, known as the Consolidated Natural Resources Act 2008 (CNRA).
Lawmakers waited more than four months for clarity, which many argue they didn't receive.
"The Chinese Communist Party (CCP) has already proven they will stop at nothing to infiltrate the United States, and that threat is increasing every day as Chinese nationals use a visa loophole to gain access to our critical military installations in Guam," Ernst told Newsweek on Monday.
"Instead of listening to my calls to close this gap and prevent further CCP espionage, the Biden administration dragged their feet for four months and now is defending an outdated policy," she said.
"Make no mistake, they are putting our military secrets at risk. We must change this visa policy and put an end to Chinese nationals accessing our military installations on U.S. territories for any malign activity," Ernst said.
On April 1, DHS responded to lawmakers by saying the codified policy requires DHS to identify countries from which the CNMI receives a "significant economic benefit" from the number of visitors for pleasure within the year preceding enactment.
The DHS determined that the People's Republic of China (PRC) met this economic threshold in 2009.
"DHS responds to congressional correspondence directly via official channels, and the department will continue to respond appropriately to congressional oversight," a DHS spokesperson told Newsweek on Tuesday.
According to the CNRA, as of October 3, 2019, PRC nationals can travel to the CNMI without a visa for a temporary visit for business or pleasure for up to 14 days. That authorization does not include employment.
Individuals without a visa are not authorized to travel to other parts of the United States, including Guam. When such individuals are encountered at CNMI airports, Customs and Border Protection officers are instructed to prohibit their travel to other U.S. destinations.
The CNMI is about 120 miles north of Guam, a U.S. territory, and 1,500 miles east of the Philippines, just over three hours from Tokyo by plane.
"DHS remains vigilant in its screening and vetting duties, which focus on rooting out exploitation of our immigrant and nonimmigrant visa processes, including by identifying, and where necessary denying entry to, high-risk travelers," the department wrote in its correspondence.
Newsweek reached out to the Pentagon via email for comment.
Dunn said the government's response to national security concerns is akin to "willful ignorance."
"They confirmed that the current statute allows Chinese nationals to enter the Commonwealth of Northern Mariana Islands for 14 days visa-free," he told Newsweek Monday. However, they fail to see why it's critical that we must implement the requirement of a B-1/B-2 visa to enter the CMNI to successfully deter the Chinese Communist Party's aggression and transnational repression."
The congressman added: "Law enforcement does an outstanding job capturing those with ill intent, but look how DHS handles our border crisis. We cannot risk the same thing occurring in the CMNI."
Last week, the Saipan Tribune newspaper reported that Hong Kong Airlines' first flight back to Saipan—the largest of the Northern Mariana Islands—since before the COVID-19 pandemic is scheduled to culminate in an April 29 landing at the Francisco C. Ada/Saipan International Airport.
A local lease officer told the newspaper that the airline has even begun preparations to open its own terminal at the Saipan airport. There will be two weekly flights, according to the airline's flight itinerary: from Hong Kong to Saipan every Thursday and Sunday and from Saipan to Hong Kong every Monday and Friday.
Marianas Visitors Authority Managing Director Chris Concepcion told the Tribune that he is optimistic that Hong Kong Airlines will boost the CNMI's tourism industry, adding that there's pent-up demand for travel in the region.
In late March, CBP told Newsweek that a Chinese national had driven onto the 29 Palms Marine Base in California's El Centro Sector without authorization. That individual, a male, was determined to be illegally present in the U.S. He was taken into custody and transported to a nearby station for further processing.
Update 4/9/24, 2:20 p.m. ET: This story was updated with a comment from the Department of Homeland Security.
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