DHS Markwayne Mullin Shuts Birth Tourism Loophole for Chinese

Markwayne Mullin
Dan Fluette/Breitbart News

Homeland Security Secretary Markwayne Mullin is suspending a Biden-era program that allowed Chinese nationals to visit the Northern Mariana Islands without a visa, according to a federal notice filed Monday.

The program allowed prescreened Chinese travelers to visit the U.S. territory in the western Pacific for business or tourism, generally for up to 14 days. The suspension is set to take effect at 2 p.m. Eastern time on October 30, three days after the notice’s scheduled publication in the Federal Register.

Once the suspension takes effect, Chinese nationals seeking to visit the islands for business or pleasure will need a nonimmigrant visa unless another lawful exception applies, according to the notice. The change applies to new applicants and travelers who already have an active authorization under the program.

Chinese visitors who have already been admitted under the program and are legally in the Northern Mariana Islands when the suspension begins may remain for the rest of their authorized stay. They will need a visa for future visits, unless another exception applies.

DHS said it would review the program in consultation with the State and Interior departments. The notice does not give a date for completing that review.

Mullin’s decision follows an April 22 letter from Sens. Mike Lee (R-UT), Rick Scott (R-FL), John Cornyn (R-TX), and Bill Cassidy (R-LA), who urged him and Interior Secretary Doug Burgum to end the program.

The senators argued that the policy encouraged birth tourism, by which foreign nationals travel to the United States to give birth so their children can obtain U.S. citizenship. The letter reads:

We strongly urge the U.S. Department of Homeland Security to end the CNMI Economic Vitality and Security Travel Authorization Program — a benefit that should not be afforded to a recalcitrant country like Communist China. We further encourage, in alignment with previous Congressional requests, the termination of Hong Kong’s participation in the broader G-CNMI visa waiver program.

In its notice, DHS said the availability of visa-free travel may make it easier for people to travel to the islands to give birth. The department also said birth tourism could strain the territory’s medical resources.

DHS cited security concerns, including the possibility that Chinese nationals could use the program to gather intelligence near U.S. military facilities. The department said more than 3,000 Chinese nationals entered the Northern Mariana Islands through the program in fiscal year 2025. Those travelers were vetted by Customs and Border Protection (CBP) rather than a State Department consular officer, according to the notice.

The department pointed to two cases involving Chinese nationals who were sentenced for smuggling other Chinese nationals from the Northern Mariana Islands to Guam. DHS said most of the people involved in the second case were later found in or near sensitive military installations. The incidents cited in the notice occurred before the travel authorization program was implemented.

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