Births by foreign parents raise questions
A large chunk of live births in the Commonwealth during a more than two-year period are being attributed to foreign nationals, mainly Chinese tourists, which has raised some eyebrows on Capital Hill.
Senate Health and Welfare committee chair Sen. Teresita Santos (R-Rota), for one, is urging U.S. Citizenship and Immigration Services to look into this and take appropriate action.
“With statistics provided by the [Commonwealth Healthcare Corp.] showing that Chinese birth rate has been dramatically increasing year after year here in the CNMI, our USCIS should actively and proactively be involved in the enforcement of the U.S. immigration laws as this matter falls under their jurisdiction,” said Santos.
“The USCIS visa waiver program [could] also be revisited, that is, instead of granting a 45-day visitor waiver, it may be reduced to 21 days like other countries’ visa waiver for U.S. citizens,” suggested Santos.
Santos also reiterated the need for airlines to strictly enforce their flying restrictions to not only combat birth tourism, but also to avoid complications brought about by the unusual conditions of traveling when pregnant.
“Any airline caught in violation of such policy shall be penalized at the maximum, including revocation of its license to fly and/or incarceration if the infant is born with physical or mental defects due to airline screening radiation exposure, cabin pressure altitude or other health risks associated when travelling during pregnancy,” she said.
House Federal and Foreign Affairs Committee chair Rep. Angel Demapan (R-Saipan) thinks that CHCC numbers calls for concern mostly on the possibility that certain tour agency establishments offer these kinds of services as a package to those who can afford it.
“The numbers are very concerning. Still, we would like to have more concrete data on exactly how many of these births from foreign parents are really tourist births by definition—meaning they came in here as tourists for the purpose of giving birth,” he said.
Demapan said that meetings with U.S. Customs and Border Protection have brought up the topic for discussion. The only hindrance to CBP is the amendment of the law without discriminating against pregnant women. Demapan reiterated that changing the language of the law would affect all Chinese tourists, not just the pregnant.
“It is very concerning that this parity [between Chinese and other ethnicities] is very large, but I’ve had several meetings with the CBP. There are a lot of things that come into play here,” he said.
“Obviously, there are federal and local laws, and we walk this fine line discriminating against pregnant travel, so we can’t just turn travelers away just because they are pregnant. However, what we can look at from an immigration standpoint is in the amount of time that travelers are allowed to be in the CNMI, we have to compare that time to the term of the pregnancy,” said Demapan, referring to possible solutions.
“The big question is how do we make a decision that is aimed at curbing this circumvention of the law, but also ensure that that decision is not discriminating. That is one of the hardships the CBP is experiencing—making that call to ensure that there is no discrimination because in the end, that policy may backfire. There are human rights advocates and there are human rights that need to be followed,” he added.
Demapan thinks that the CNMI government is at a disadvantage because of this.
“The local government right now is in a difficult position because we can’t make any policies on the immigration side relating to the entry of these foreign nationals into American soil,” he said.
House Federal and Foreign Affairs Committee member Rep. John Paul Sablan (R-Saipan) mentioned that payment for the medical services is to be paid for prior to the processing of papers by CHCC.
“Before [CHCC] issues the birth certificate, they make sure that these individuals that were provided services pay for the billing, which is over thousands of dollars. That is the latest in-house policy of CHCC. You need the birth certificate to create the passport for the child. Without that, there is no way you can apply for a U.S. passport for the child,” he said.
A federal law known as the Emergency Medical Treatment and Labor Act, or EMTALA mandates CHCC to offer aid to those in need, regardless of status or lack of insurance.
“There are laws in place that [CHCC] cannot decline services. Despite having no insurance, there is a law that the lone hospital has to provide services to anybody. However, they can provide in-house policies before providing the necessary documents such as the birth certificate. They have every right to make sure that such a patient is required to pay all the dues for the services that were provided for the patient,” said Sablan.
The spike in live births is tracked to the time when visa waivers for Chinese and Russian tourists were lifted in 2009.
According to CHCC Health & Vital Statistics Office, total births starting from January 2014 up to October of 2016 yielded a total of 3,141. This included resident, temporary resident, and tourist births on Saipan.
The statistics were separated by ethnicity and by status, resulting in pretty surprising results.
From January 2014 to October 2016, a total of 1,034 births of Chinese parents were recorded, comprising 32.92 percent of total births on Saipan. Births of Korean national parents comprised 29 total births, which is a puny 0.92 percent of total births on Saipan.
In 2009, only eight babies were born of Chinese parents.
In 2014, a total of 1,076 babies of foreign national parents were born on Saipan, with China consisting of 1,034 live births at 96.38 percent. Second to China was Korea, at 29 live births (2.69 percent), Philippines at six live births (0.55 percent), Japan at two live births (0.18 percent), Russia at four live births (0.37 percent), and Kazakhstan, with one live birth for 2014 (0.09 percent).
All information is from January 2014 to October 2016.
According to federal law, the citizenship clause states, “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.”
This is also known as “jus soli,” or the “right of the soil,” which means that anyone born in countries that follow jus soli is automatically a citizen of that country.
As of today, only two countries practice jus soli: Canada and the U.S.
Immigration is a jurisdiction of the U.S. Congress, as well as an issue of U.S. foreign policy out of the State Dept. between China, Russia, and the U.S. Not long ago, the U.S. Cogress told Pres. Obama that the President has no jurisdiction on immigration, and to leave that matter to congress. I heard that these ladies come here sponsored by someone here (Locals) who are being paid lots of money to take care of the welfare of these ladies here until they deliver their babies, get their SSN, and maybe a blue passport. I heard these ladies paid a huge amount of money to someone here, inclusive abode, food, hospital bill, guide, and transportation, etc. We should make sure they do pay the hospital bill. One time I was at the SS office and saw more than five oriental ladies with babies waiting for SSN. There’s someone here on the receiving end of an enormous amount of money on this issue. I agree with Ms. Santos to have someone look into this for whateve
r. But immigration is a Federal matter, not CNMI’s.
indeed!
Mr. Sablan,
At one point in time, the CNMI government was trying to deny all children born from foreign nationals in the CNMI via the 902 discussion with the United States. Maybe you should refrain from denying United States Citizens’ birth certificates for there would ramification via the feds judicial system. Don’t you think that you would be targeting or discriminating a certain group of United States Citizens?
You’re right. Anyone born in a U.S. territory is an American citizen. No bias, no prejudice, no discrimination. That person is just as American citizen as I am. I am not objecting. I am simply talking about what I am aware of with regard to this issue.
Let me correct you Rudy please…U.S. nationals!
This is planned People Replacement. Use a country’s liberal immigration laws to enter as many of yours as possible, use their Free Speech laws to stir up hatred, outbreed the local population, and finally take over by outnumbering them at the ballot box. In Europe it’s Muslim immigrants, in the U.S. it’s Mexicans and other Central Americans plus increasing numbers of Muslim “Migrants”. Here it’s mainly Chinese. This is not happening by accident. It happening just as planned:
https://youtu.be/X7Fpu-U7lVI?t=275
Not like the brazen giant of Greek fame,
With conquering limbs astride from land to land;
Here at our sea-washed, sunset gates shall stand
A mighty woman with a torch, whose flame
Is the imprisoned lightning, and her name
Mother of Exiles. From her beacon-hand
Glows world-wide welcome; her mild eyes command
The air-bridged harbor that twin cities frame.
“Keep, ancient lands, your storied pomp!” cries she
With silent lips. “Give me your tired, your poor,
Your huddled masses yearning to breathe free,
The wretched refuse of your teeming shore.
Send these, the homeless, tempest-tossed to me,
I lift my lamp beside the golden door!”
I believe they call it “Birth Tourism” for the Chinese. Not new at all.
In fact, I remember reading an article where the Saipan was causing headaches for the US. See the link below.
http://www.usatoday.com/story/news/world/2013/09/09/chinese-tourist-births-cnmi/2784797/
Regardless, I urge our lawmakers to STOP “birth tourism” immediately. Why is birth tourism only accepted here in the CNMI whereas the rest of the world actually frowns upon it? It’s bad enough that the indigenous Chamorro people are already a minority on their own home islands. If this continues, the term “Chi-pan” will become an population-based reality, as well (it’s already a political & economic reality). I propose we adopt Japan’s STRICT policies regarding the issue.
Reporter Erwin Encinares:
By no means are the United States and Canada the only countries with jus soli citizenship.
https://en.m.wikipedia.org/wiki/Jus_soli
NMDs should be afraid, VERY AFRAID right now. These beautiful islands of yours will not be yours for much longer. The big-wig politicians are still celebrating their new ill-gotten wealth too much to realize they have sold off the CNMI and sold out their people for a few trinkets of gold from the Chinese invaders.
…in other words, “History repeats itself once again”.
We are not afraid Mr. Abe, however your right. But America will pursue what it fought for and that’s our hope! Realization is there the purse of enrichment is just better for them!
Great job guys initiating the meeting…however, you have alot to answer yourself what happened! The end is coming and you all have not addressed these issues from the beginning! We will become like Guam, Hawaii and the U.S. Mainland. Our democratic principles are at play and you failed CNMI…So welcome to the world of Multicultural diversity where every one owns a part of the it freely.
You’re probably right. I am only aware of the money being paid to Saipanese locals, seems like all-expense paid for local caretaking.