Backlash heightens against citizenship bill

By Jayvee Vallejera

 Guam and CNMI leaders called on U.S. Rep. Morgan Griffith of Virginia to withdraw his bill proposing the termination of birthright citizenship in U.S. territories, a measure that seeks to clamp down on birth tourism.

Guam Gov. Lou Leon Guerrero said H.R. 9724, titled "End Birthright Citizenship for Territories Act," would create a scenario in which a child born under the American flag ends up becoming a stateless citizen.

“The appropriate response to immigration fraud is better enforcement, stronger screening, prosecution of those who organize or profit from illegal schemes, and closer federal coordination with territorial governments," Leon Guerrero said. "It should not be the prospective removal of a right that has defined generations of American families in Guam."

CNMI Gov. David Apatang noted that Section 303 of the Covenant provides for birthright citizenship in the CNMI, which mirrors the Constitution's Fourteenth Amendment, a principle recently upheld by the U.S. Supreme Court.

He emphasized that the federal government cannot unilaterally amend the Covenant, pointing out that any changes to the agreement require mutual consent.

Although Griffith said his bill would not affect the citizenship of a child born to a U.S. citizen or green card holder, Apatang cautioned that the legislation contains no such limiting language.

“That is, if this bill is enacted, the Covenant would be amended such that it would appear on its face to state that children born in the CNMI from Jan, 1, 2027, onward are not guaranteed U.S. citizenship, full stop,” he added.

Leon Guerrero warned that the bill fails to clearly establish the legal status of other children born on Guam soil after the cutoff, creating a dangerous legal vacuum.

The bill covers Guam, the CNMI, the U.S. Virgin Islands and Puerto Rico. It excludes American Samoa, where birthright citizenship is not automatically granted. American Samoans are considered U.S. “nationals” but not U.S. “citizens.”

Griffith said his bill is intended to combat “birth tourism,” a trend involving pregnant foreign nationals coming to U.S. territories on tourist visas to give birth there.

Birth tourism was once a thriving underground industry in the CNMI, with pregnant Chinese women flocking to Saipan to give birth that automatically provides U.S. citizenship to their newborn child. It has allegedly become a lucrative business in China, where travel agencies reportedly even offered tour packages to Saipan.

Apatang said the CNMI takes the birth tourism issue very seriously.

A local bill, called "BIRTH Act," has already been introduced in the CNMI Legislature to combat commercial birth tourism businesses, he added.

 Dr. Thomas Shieh said birth tourism still exists on Guam. While it may be small in number, the practice cannot be ignored. "It's like human trafficking," he said.

Guam Lt. Gov. Josh Tenorio said Griffith’s H.R. 9724 “should be condemned,” noting that it was announced on the eve of Guam Liberation Day, which he said showed “the ultimate example of how disjointed federal policy can be in these initiatives.”

“This is really a matter of showing that there's a need to educate members of Congress about what the law is and really what the experience living in the territories,” Tenorio said. “I thought it was very insensitive. I think it underscores the need to be very, very astute and have a very strong posture on federal territorial relations.”

Leon Guerrero noted “the bitter irony of a bill” that seeks to make the citizenship of future children born on Guam less secure than that of children born in the mainland United States.

Guam Del. James Moylan said the bill sends the wrong message that American citizenship in U.S. territories is conditional.

He said he is working with House leaders to make sure H.R. 9724 does not advance.

Speaker Frank F. Blas, Jr. of the Guam Legislature said H.R. 9724 exposes a troubling reality for the territories—the lack of full voting representation in the U.S. Congress—and relies on outdated legal doctrines that have historically treated territorial Americans as second-class citizens.

Vice Speaker Tony Ada wants the bill’s author, Rep. H. Morgan Griffith (R-Virginia), to visit Guam and hear directly from residents, local leaders, and stakeholders about the island’s concerns, including the protection of citizenship rights.

Right now, website GovTrack.us, which tracks bills introduced in the U.S. Congress, gives H.R. 9724 only a 2-percent chance of being enacted and a 5-percent chance of getting past the committee level.

The bill is now with both the House Natural Resources and House Judiciary committees.

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“This legislation sets a dangerous precedent by suggesting that the citizenship of Americans born in the territories can be revisited whenever broader national policy debates arise,” Moylan said.

Blas said he supports efforts to secure the nation's borders and prosecute anyone who deliberately abuses the immigration system for personal gain, but “we must distinguish between addressing illegal activity and preserving the constitutional rights and equal dignity of American citizens who lawfully possess them.”

“Securing our nation and protecting the rights of its citizens are not competing principles but are complementary obligations that strengthen our republic,” he added.

Ada has formally invited Griffith to visit Guam and hear from residents about their concerns about H.R. 9724. Inviting Griffith to visit Guam and talk to its people will ensure Guam’s people are seen, heard and respected, he added.

Ada said Guam must have a meaningful opportunity to be heard when Congress considers policies that could affect the rights and legal status of people on Guam.

“Whenever federal policies may affect our rights, our families, or our future, decision-makers should understand the realities of our island firsthand,” he added.

Ada said Griffith holds an influential position in Congress, and a visit to Guam would help strengthen understanding, build trust and ensure that Guam’s concerns are part of the national conversation.

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