Florida, Oklahoma, And Indiana Lawmakers Target ‘Birth Tourism’ Loophole

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Florida, Oklahoma, And Indiana Lawmakers Target ‘Birth Tourism’ Loophole

Senator Rick Scott (R-FL)
Senator Rick Scott (R-FL)

Three Republican senators are pressing the Trump administration to close a visa waiver program they argue has created a national security vulnerability by allowing Chinese nationals fast-track access to U.S. citizenship through “birth tourism” in the Northern Mariana Islands.

In a letter sent last week to Department of Homeland Security Secretary Kristi Noem and Interior Secretary Doug Burgum, Senators Rick Scott (R-Fla.), Jim Banks (R-Ind.), and Markwayne Mullin (R-Okla.) called for the immediate revocation of the CNMI Economic Vitality & Security Travel Authorization Program (EVS-TAP). The program, expanded under the Biden administration, currently permits Chinese nationals to enter the Commonwealth of the Northern Mariana Islands (CNMI) for up to 14 days without a standard visa.

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The lawmakers contend that this policy has been exploited to bypass traditional immigration vetting. By entering the U.S. territory visa-free, they argue, Chinese nationals can give birth on American soil, securing birthright citizenship for their children—a practice known as “birth tourism.”

“This is a clear and significant short- and long-term national security risk,” the senators wrote, warning that the current policy allows a “cottage industry” of foreign births to flourish in Saipan, the largest island in the Marianas chain.

Surge in Numbers

Data cited in the letter points to a sharp rise in foreign births in the territory following the 2009 implementation of the Guam-CNMI Visa Waiver Program. Births to visiting Chinese mothers reportedly jumped from fewer than 10 per year in 2009 to nearly 600 by 2018. The senators noted that in some years, foreign births in Saipan have outnumbered births to local residents.

The primary concern outlined by the coalition is the long-term implication of these citizenships. Under the Child Citizenship Act, children born in the territory are U.S. citizens who can eventually petition for green cards for their parents. The senators expressed fear that these individuals, potentially raised with loyalty to the Chinese Communist Party (CCP), could one day apply for sensitive positions within the U.S. federal government.

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Security and Economic Concerns

Beyond citizenship issues, the letter highlights immediate security risks, citing recent instances of human smuggling. The senators pointed to the February 2025 sentencing of Kangle Jiang, a PRC national imprisoned for attempting to transport Chinese nationals from Saipan to Guam by boat. Guam, a key strategic hub, hosts significant U.S. military installations, including Andersen Air Force Base.

While the EVS-TAP program was originally framed as a tool to boost the CNMI’s tourism-dependent economy, the senators argue it has become a liability. They cited former CNMI Governor Arnold Palacios, who noted before his passing that birth tourism was overwhelming local medical facilities. The letter describes a strain on the territory’s only public hospital, where staff often face high-risk pregnancies with no prior medical records.

The senators also linked the visa waivers to the region’s gambling industry, alleging it is tied to “systematic human smuggling concerns” and money laundering operations influenced by CCP-aligned interests.

Call to Action

The demand for policy change follows Senator Scott’s introduction of the SAFE Kids Act, legislation aimed at preventing foreign adversaries from using American surrogates to obtain citizenship.

In their correspondence, the senators urged Secretaries Noem and Burgum to require standard tourist visas for all Chinese nationals visiting the CNMI and to end Hong Kong’s participation in the waiver program.

“The people of the CNMI deserve a better future than the empty promises offered by Communist China,” the letter concluded.

The administration has been asked to respond by January 28, 2026.

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