The Biden administration defends the Chinese visa exemption, while Republicans warn that it could compromise national security.
Chinese nationals visiting Guam could endanger US military bases, lawmakers caution.
The DHS is defending its 2009 decision to allow Chinese nationals to enter the US without a visa, citing a "significant public benefit," while Republicans criticize the "loophole" as a way for the Chinese Communist Party to "infiltrate" the US and endanger national security.
DHS responded to Republican Sen. Joni Ernst and Rep. Neal Dunn's request for information about Chinese immigration to Guam by stating that the influx poses a risk to national security due to the U.S. military bases on the island.
The western Pacific region has two major military bases: Naval Base Guam, a submarine base, and Anderson Air Force Base, capable of hosting strategic bombers and fighters.
The Guam lawmakers have been urging the Biden administration to address a "visa loophole" that they believe is contributing to the problem of illegal immigration from China to Guam.
But DHS is defending the policy that protects the so-called loophole.
"According to Zephranie Buetow, DHS's assistant secretary for legislative affairs, while a foreign citizen generally needs a visa to enter the United States, including its territories, Public Law 110-229, the Consolidated Natural Resources Act of 2008 (CNRA), established the Guam-Commonwealth of the Northern Mariana Islands (CNMI) Visa Waiver Program codified at Immigration and Nationality Act § 212(l)."
"According to Buetow, the CNRA mandates DHS to identify countries that contribute to the CNMI's significant economic benefit through the number of visitors for pleasure in the year preceding enactment. DHS determined that the PRC met this economic threshold in 2009."
According to Buetow, PRC nationals are allowed to travel to Guam and the Northern Mariana Islands for up to 14 days without a visa for business or pleasure purposes, as per the policy.
Buetow said those PRC nationals "are not authorized for employment."
"According to Buetow, individuals without a visa are not allowed to travel to other parts of the United States, including Guam. When they are found at CNMI airports, U.S. Customs and Border Protection will prevent their onward travel to other U.S. destinations."
DHS continues to be vigilant in its screening and vetting duties, with a focus on preventing exploitation of our immigrant and nonimmigrant visa processes, including identifying and denying entry to high-risk travelers.
The Biden administration is being criticized by Republican lawmakers for not closing the "loophole."
"The Biden administration is defending an outdated immigration policy despite the national security being at risk, as Senator Ernst stated on Planet Chronicle Digital."
According to Ernst, the Chinese Communist Party has shown that they will go to great lengths to infiltrate the United States, and this threat is growing daily as Chinese nationals use a visa loophole to enter our critical military installations in Guam.
She stated that we need to modify our visa policy to prevent Chinese nationals from entering our country for any malicious activities.
DHS was criticized by Dunn for ignoring ongoing national security issues.
"Dunn stated to Planet Chronicle Digital that the current statute permits Chinese nationals to enter the Northern Mariana Islands for 14 days without a visa, but he questions the necessity of implementing a B-1/B-2 visa requirement to safeguard against the Chinese Communist Party's aggression and transnational repression. He added that law enforcement is effective in capturing individuals with malicious intentions, but the DHS's handling of the border crisis is concerning."
He stated, "The same thing must not happen in the CNMI."
The surge in Chinese nationals arriving at the U.S. border illegally has increased more than 6,300% in recent years, further fueling national security fears that were reignited last week when a Chinese immigrant was detained at a Marine base in California.
This fiscal year, there have been 22,233 encounters of Chinese nationals crossing illegally at the northern and southern border, surpassing last year's total of 24,125.
The number of Chinese nationals apprehended in fiscal 2022 was significantly higher than in the previous two years.
Planet Chronicle Digital has reached out to DHS for comment.
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