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The Trump administration is introducing another significant immigration restriction, announcing the suspension of a special visa free travel program that allowed certain Chinese nationals to visit the Northern Mariana Islands without obtaining a traditional United States visa.
According to an October 27, 2026, Newsweek report, the Department of Homeland Security (DHS) will suspend the Commonwealth of the Northern Mariana Islands Economic Vitality & Security Travel Authorization Program, commonly known as EVS TAP, beginning October 30, 2026.
The decision is part of the administration’s broader immigration enforcement efforts, which include increased scrutiny of foreign visitors, stricter visa policies, and measures intended to discourage birth tourism.
For Chinese nationals planning to visit the Northern Mariana Islands, the announcement creates immediate travel concerns. It also raises broader questions for immigrant families about birthright citizenship, visa eligibility, and their legal rights under United States immigration law.
At Spar & Bernstein, our immigration attorneys help individuals and families navigate changing federal immigration policies, understand visa requirements, and explore lawful options for entering and remaining in the United States.
What Is the New DHS Visa Restriction for Chinese Nationals?
The Department of Homeland Security announced that it will suspend EVS TAP, a travel authorization program established in 2024 and implemented on February 20, 2025.
The program allowed eligible Chinese nationals who passed government screening to travel to the Commonwealth of the Northern Mariana Islands, a United States territory in the western Pacific, without obtaining a traditional visitor visa.
Under EVS TAP, approved travelers could remain in the Northern Mariana Islands for up to 14 days. However, they were not authorized to use the program to travel to Guam, the continental United States, or other United States destinations.
The program was originally designed to support tourism while maintaining national security and immigration enforcement safeguards.
According to the October 27 Federal Register notice, DHS Secretary Markwayne Mullin determined that sufficient grounds existed to suspend the program while federal officials conduct a broader review.
Importantly, this is a suspension rather than a permanent termination. DHS has not announced when or whether EVS TAP will resume.
When Does the China Visa Free Travel Suspension Take Effect?
The suspension becomes effective at 2 p.m. Eastern Daylight Time on October 30, 2026.
The restriction applies to individuals seeking new EVS TAP travel authorizations as well as travelers who previously received approval but have not yet entered the Northern Mariana Islands.
This means that an existing EVS TAP approval will no longer provide authorization to travel under the program after the suspension takes effect.
The official notice also establishes an important exception. Chinese nationals who have already entered the Northern Mariana Islands lawfully under EVS TAP before the effective date may remain for their existing authorized period of stay.
After the suspension begins, Chinese nationals seeking temporary admission to the Northern Mariana Islands generally must obtain an appropriate United States nonimmigrant visa unless another lawful exception applies.
The policy does not constitute a nationwide prohibition on Chinese nationals entering the United States. It specifically eliminates access to this particular visa free travel authorization program.
Travelers with existing reservations, approved travel authorizations, or upcoming visits should carefully review their immigration documentation before departing.
Why Is DHS Cracking Down on Birth Tourism?
One of the central concerns surrounding the suspension involves birth tourism, a practice in which foreign nationals travel to the United States primarily to give birth so their children may acquire United States citizenship.
The Trump administration has increasingly focused on this practice as part of its efforts to strengthen immigration enforcement and prevent what federal officials describe as misuse of temporary travel programs.
According to Newsweek, Republican Senators Mike Lee, Rick Scott, John Cornyn, and Bill Cassidy urged the administration in April 2026 to eliminate EVS TAP, arguing that the program created opportunities for birth tourism.
The official DHS notice identifies several additional concerns, including immigration enforcement risks, unauthorized onward travel, national security threats, and allegations involving criminal activity.
DHS also states that birth tourism may place pressure on medical infrastructure within the Northern Mariana Islands.
These concerns represent the government’s stated justification for the suspension and should not be interpreted as evidence that Chinese visitors generally engage in immigration violations.
The administration has pursued other measures addressing birth tourism, including an August 6, 2026 executive order directing federal agencies to strengthen restrictions on the use of nonimmigrant visas for that purpose.
For travelers, the practical implication is that federal immigration authorities may place greater scrutiny on the purpose of a proposed visit, supporting documentation, and compliance with applicable visa requirements.
Does the China Travel Suspension Affect Birthright Citizenship?
Despite the administration’s expanding restrictions on birth tourism, the suspension does not eliminate birthright citizenship in the United States.
This distinction is particularly important for immigrant families.
Under the Fourteenth Amendment to the United States Constitution, individuals born in the United States and subject to its jurisdiction generally acquire United States citizenship at birth.
On June 30, 2026, the Supreme Court issued a significant decision in Trump v. Barbara, rejecting President Trump’s executive order that sought to deny automatic citizenship to certain children born to parents who were unlawfully or temporarily present in the United States.
The Court reaffirmed that children born in the United States to parents who are unlawfully or temporarily present are generally citizens at birth under the Fourteenth Amendment.
The EVS TAP suspension addresses who may enter the Northern Mariana Islands through a particular travel program. It does not independently change the constitutional citizenship rights of children born in the United States.
However, immigration authorities retain the ability to enforce visa requirements and assess whether foreign nationals are seeking admission for permissible purposes.
For immigrant parents concerned about their children’s citizenship or their own immigration status, understanding this distinction can be essential.
Can Pregnant Women Still Travel to the United States in 2026?
Pregnancy alone does not automatically prohibit a foreign national from applying for a United States visa or traveling to the country.
However, immigration regulations place restrictions on individuals seeking visitor visas primarily for birth tourism.
Since January 2020, the Department of State has maintained regulations permitting consular officers to deny certain visitor visa applications when they determine that the applicant’s primary purpose is to give birth in the United States to obtain citizenship for a child.
The Department of State’s visitor visa guidance continues to identify birth tourism as an impermissible primary purpose for visitor visa travel.
At the same time, pregnancy and legitimate medical travel are not automatically equivalent to birth tourism.
Visa eligibility depends on the applicant’s circumstances, intended activities, supporting evidence, and compliance with immigration requirements.
Individuals seeking medical treatment in the United States may face additional questions concerning the purpose of their visit, their ability to pay medical expenses, and whether they satisfy the applicable visitor visa rules.
Providing truthful and accurate information throughout the visa application and admission process remains essential.
An experienced immigration attorney can help prospective travelers understand the relevant requirements and prepare appropriate documentation.
How Will the Suspension Affect the Northern Mariana Islands?
The new DHS restrictions could also have significant economic consequences for the Northern Mariana Islands, where tourism plays an important role in supporting local businesses and employment.
According to Newsweek, Chinese visitors accounted for more than 20 percent of arrivals during fiscal year 2026.
Vicky Benavente, acting board chairwoman of the Marianas Visitors Authority, expressed serious concern that eliminating EVS TAP without an alternative could damage the territory’s tourism industry.
The suspension may affect hotels, restaurants, tourism operators, and other businesses that depend on international visitors.
Although DHS acknowledged possible economic disruption, the agency determined that its stated national security and immigration enforcement concerns justified suspending the program.
Chinese nationals may still seek appropriate visitor visas, but obtaining those visas generally involves additional application requirements and consular processing.
As a result, travelers and businesses should consider the possibility of delays when planning future visits.
What Should Chinese Nationals Do Before Traveling to the United States?
Chinese nationals affected by the suspension should review their travel plans and immigration eligibility before attempting to enter the Northern Mariana Islands.
Individuals who previously relied on EVS TAP should not assume that an existing authorization remains sufficient for future travel after October 30.
Travelers may need to apply for an appropriate United States visitor visa, depending on the purpose of their trip and whether another lawful exception applies.
Those seeking temporary admission for tourism or business should ensure that their documentation accurately reflects their intended activities.
Individuals with previous visa denials, immigration violations, or other admissibility concerns may benefit from obtaining legal advice before submitting a new application.
The suspension also highlights the importance of remaining informed about immigration policy developments, particularly when travel authorization rules change with limited notice.
Although the restrictions create additional challenges, lawful immigration and travel options remain available for eligible applicants.
