Federal lawmakers question CNMI’s visa waiver as Chinese nationals seek asylum in Guam; local experts weigh in on security, economy, and compassion.
TRANSCRIPT
HOST/NAINA RAO: Earlier this year, a Republican Congressman called for an end to a visa waiver program that allows Chinese nationals to visit the CNMI without a US visa. Wisconsin Representative Tom Tiffany said the waiver has been exploited by Chinese visitors, citing concerns over birth tourism and immigration fraud. This includes cases where Chinese nationals overstay in Saipan then take boats to Guam to seek better economic opportunities. KPRG's Bryan Manabat reports on the legal and human dimensions behind these unlawful crossings and the provision that makes them possible.
BRYAN MANABAT: Last year, more than 30 Chinese nationals arrived at or around Guam shores unlawfully. That's a noticeable drop from 2022, when Guam customs recorded 85 unauthorized arrivals. The Rao is often the same. A two-night sea journey from Saipan, about 130 miles north of Guam, Chinese tourists reportedly paid thousands of dollars for that trip, hoping to reach US soil where they can get a higher wage job or apply for asylum. Because of rising U.S.-China tensions and growing concerns over border security, these crossings have drawn increasing scrutiny from federal lawmakers. The visa waiver that allows Chinese tourists to enter the CNMI without a visa was created in 2008. The Department of Homeland Security said the waiver offered a significant economic benefit to the islands. And while exact numbers are hard to pin down, Chinese tourists historically made up a large share of visitors to Saipan; from 2015 to 2019, 40% of total tourist arrivals to CNMI come from China.
KIMBERLYN KING-HINDS: It's a carved-out exemption
MANABAT: Kimberly King-Hinds is CNMI's Congressional delegate.
KING-HINDS: It’s a tool that has been given to us by the federal government because it recognizes that tourism is CNMI’s primary industry. And as a small jurisdiction, given our remote geography, we are just not competitive with other markets.
MANABAT: But the economic lifeline also creates a legal loophole - one that’s been exploited. Janet King is an immigration attorney based in Saipan. She’s been practicing law in the Northern Marianas for 17 years and says many of her clients are Chinese nationals charged with illegal entry to Guam.
JANET KING: They are ordinary people, often desperate people. They're vulnerable and they're just trying to survive. These are not criminal masterminds. These are people trying to reach Guam, where US wages are higher. Wanting a better life is not a crime.
MANABAT: While Guam has a functioning asylum system, the CNMI does not. At least, not yet. Under the terms of a federal law passed in 2008, the U-S asylum process won’t be fully implemented in the Northern Marianas until 2030.
KING: Just to explain what asylum is, it's a form of legal protection that the United States gives to people who are fleeing persecution in their home countries// until that process opens up in the CNMI, people who are hoping to ask for asylum, the Chinese nationals, they often try to reach Guam instead, and Guam already has the full infrastructure to receive asylum cases.
MANABAT: King acknowledges the need for border enforcement, but argues that policy can also reflect compassion.
KING: But I also believe we can address illegal immigration with both firmness and compassion. It is possible to enforce the law while still seeing the humanity in the people behind these cases.
MANABAT: Still, federal lawmakers, like Wisconsin representative Tiffany, say the visa waiver presents a national security risk, citing fears that some Chinese nationals could be acting on behalf of the Chinese government. But Joey McDoulett, an immigration attorney and former FBI agent, say those concerns are largely unfounded.
MCDOULETT: You know that there are better mechanisms for a spy to pursue than to come to Saipan and then jump to Guam. I think it's unlikely, and they're not in positions to obtain any anyway. I think that's silly.
MANABAT: To avoid potential long-term complications on immigration matters, McDoulett advises to consult with an experienced attorney.
MCDOULETT: People should be very careful about how they approach immigration. And people tend to think it's a simple matter of filling out forms. The way through immigration is to answer everything that's asked of you, truthfully and honestly as opposed to trying to avoid those issues. And the only way that people are going to do that is if they seek legal advice from people who are authorized to give it.
MANABAT: For now, the CNMI faces a more immediate concern: the end of its transitional worker program in 2029. Foreign labor has long been the backbone of the islands’ economy. And with that deadline looming, the region’s workforce and immigration challenges need a resolution that reflects local values and participation. For KPRG’s Current Perspectives, I’m Bryan Manabat, in Saipan.
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