Immigration lawyer says lack of enforcement encourages more Chinese nationals to come

Attorney Nelson Xu, a partner in the Baumann, Xu and Black Law Firm says it's not a lack of legal authority that may be holding ICE back, but perhaps a lack of resources.

"As an enforcement agency they can certainly detain them," he said. that's ICE, what ICE is doing. but do they have enough personnel to do that, that's a different issue. but they have the authority to detain them."

This viral video shows at least three Chinese nationals being picked up on an isolated road to Ritidian in what appears to be a planned rendezvous.

"I do not know whether there is actually orchestrated effort by local Chinese community or somebody to bring them in as a part of human trafficking, but I think the fact that the Saipan Chinese, knowing that there is no enforcement in Guam, you can come, you can stay, nobody's getting arrested, take their passports, then certainly it encourages more people to come.

He says it's likely they want to file for political asylum, even if they know they're not eligible. It will be years before their cases will be adjudicated...and 150 days after filing they are eligible for a work authorization.

"There's two ways of doing this, you can apply asylum to USCIS by filing an application, and you wait for the USCIS to adjudicate this case which can take years, or these people can go to ICE and say I submit myself to the authority, and please take my case. and if ICE accept them they will be put into remove proceedings. going through the court system. so they lose the first chance but they have a second."

He says its probably in the government's best interest to encourage the foreigners to come forward, at least they'll know who and where they are. And can even collect taxes.

 "By ignoring them I think that creates a problem for society in general," Xu said.