Republican Warns About Chinese Spies Near Military Bases

Two senators are among more than two dozen members of Congress who are troubled by Chinese nationals' presence on a United States territory, claiming that the Biden administration has not responded to national security concerns.

Tensions between the U.S. and China have raised alarm for some lawmakers and policy experts in relation to the U.S. Customs and Border Protection-sponsored Visa Waiver Program formed in 2009, sparking concerns of illegal entry to Guam through the Commonwealth of the Northern Mariana Islands (CNMI).

The current policy allows Chinese nationals to come to places like Saipan, the largest of the Northern Mariana Islands, for two-week periods without long-term documentation. The CNMI is viewed as a location of potential pivotal importance should a military conflict unfold in the Pacific because it is about 120 miles north of Guam, 1,500 miles east of the Philippines and just over three hours from Tokyo by plane.

On November 30, 2023, 32 senators and representatives, including Senators Marco Rubio of Florida and Joni Ernst of Iowa, wrote a letter to Department of Homeland Security (DHS) Secretary Alejandro Mayorkas, raising concerns about Chinese nationals' ability to enter Guam through the CNMI without a separate B-1 (business) or B-2 (tourism) visa.

"The Chinese Communist Party has already proven they will stop at nothing to infiltrate and outpace the United States, and I'm working to close loopholes that allow any further espionage," Ernst told Newsweek on Wednesday. "We must put an end to Chinese nationals accessing our military installations on U.S. territories and conducting malign activity.

"This is critical to protecting our military secrets and our nation's sovereignty from Communist China, but for over four months, the Biden administration has ignored my calls. We need action as a matter of national security."

In January, the U.S. Marine Corps opened its first new base in 70 years on Guam—one of just 17 "non-self-governing territories" recognized by the United Nations.

The letter sent last fall stated multiple concerns emanating from the visa program and purported illicit Chinese activity in Guam, including citations involving four Guam-based companies previously sanctioned for allegedly using illegal labor from China.

Other points of emphasis allegedly involved the use of messaging apps to coordinate illegal jobs and boat rides to Guam, and the prosecution of two Chinese nationals by the U.S. Department of Justice for using the U.S. Postal Service to distribute methamphetamine in the CNMI.

Lawmakers said the present policy in place "has made the islands vulnerable to a plethora of problems including drug trafficking, illegal immigration and organized crime."

"We understand and applaud law enforcement officials on the islands who have been successful at capturing those who come to CMNI for criminal reasons," the letter reads. "However, we encourage the U.S. Department of Homeland Security to change this policy and apply the visa requirements equally across all territories."

A source in Ernst's office told Newsweek that she and other members of Congress have still not heard from Mayorkas directly in relation to November's correspondence.

"The CNMI is the only territory where Chinese nationals are allowed to enter without a visa," Rubio told Newsweek on Wednesday. "Communist China is seeking to exploit this reality to gain a competitive advantage against the United States and its territories.

"The Biden Administration must put stronger requirements for those individuals entering the CNMI from China."

Guam Customs and Quarantine (CQA) spokeswoman Alana Chargualaf-Afaisen told Newsweek this week that she and customs agents have the same concerns as U.S. lawmakers in Congress, saying, "Any extent or degree of these concerns and risks to national security making their presence in Guam is unwelcome and considered serious."

In January, a new interim rule was introduced as part of the CNMI Economic Vitality & Security Travel Authorization Program (EVS-TAP). Published in the Federal Register and scheduled to go into effect on September 30, 2024, the new DHS policy aims to require persons intending to travel to Guam or CNMI under the current waiver program to submit Form I–736 electronically in advance of travel to the territories and instead of paper documentation upon entry.

But the move has taken too long, critics say.

Cleo Paskal, a non-resident senior fellow for the Indo-Pacific at the Foundation for Defense of Democracies in Washington D.C., told Newsweek via phone that there's been "a lot of feet dragging" by the U.S. government on the issue.

There are also economic imperatives on behalf of CNMI, which has experienced how Chinese tourism and business dealings have impacted the region in recent years and been expressed in a negative light by CNMI Governor Arnold Palacios.

"It's the job of the federal government...I can't remember the last time I heard a U.S./American politician say, 'Send in the Department of Justice to investigate my own government,'" Paskal said, referencing Palacios' concerns that he relayed in congressional testimony and in personal conversations with her about illicit activity and a struggling economy.

Palacios "doesn't want the industry to get really addicted to Chinese tourism" and would prefer tourism from countries like Japan—which she said are sort of hamstrung based on U.S. regulations regarding domestic flights around and into U.S. territories, she added.

"The more people who understand what's going on, the more chances there are that a little bit of attention will be paid," Paskal said. "And that's required. People are very busy, they have big piles of things to do on their desk, and this just keeps getting buried at the bottom because nobody seems to care.

"But as soon as people learn about this, they go, 'What is this?' And then you realize it's actually pretty easy to fix."

Update 03/29/24, 7:25 a.m. ET: This article was updated with additional information.