Factors Involved in Chinese Students Being Denied Entry to the US

In a meeting between U.S. President Biden and Chinese Communist Party leader Xi Jinping in San Francisco last November, they agreed to expand educational, cultural, and commercial exchanges. However, at almost the same time, there have been continuous reports of Chinese students studying in the U.S. being denied entry since November last year. This seems to indicate that the Biden administration is increasing scrutiny and prevention efforts against CCP factors in civil society.

Immigration experts point out that the U.S. and China are currently in a mode of confrontation, where not only sensitive technologies but also anything related to the Chinese Communist government or military will be scrutinized by the U.S. immigration and law enforcement systems.

Currently, both the U.S. and China have not provided the number of Chinese students denied entry. According to recent statistics from Bloomberg, since last November, at least 20 Chinese students studying at Harvard, Yale, and Johns Hopkins University with valid visas have been denied entry.

There have been many similar discussions in mainland Chinese media. On November 24, 2023, at Dulles International Airport in Washington D.C., Wei Na, a student at Johns Hopkins University, was stopped by customs. She was asked about her military service, connections with the Chinese Ministry of Education, and if she received any national subsidies. Ultimately, her F1 and B1/B2 visas were canceled, and she was denied entry to the U.S.

Similarly, Virginia University sophomore doctoral student Susan, majoring in biomedical imaging, was also stopped at Dulles International Airport upon returning from China to visit her parents in December 19. She was asked if she was a CCP member, if she received government scholarships, and who sent her. Susan was eventually asked to purchase a one-way ticket back to China at her own expense and was banned from entering the U.S. for five years.

An article in the Chinese Science Bulletin in January stated that a total of 11 people were deported from Dulles International Airport, among them 10 graduates from top universities in China like Peking University, Tsinghua University, and Shanghai Jiao Tong University, covering majors including biology, preventive medicine, statistics, material physical chemistry, and communication engineering.

On January 29, the Chinese Embassy in the U.S. issued a warning, advising against entering the U.S. through Dulles International Airport.

Regarding Chinese scholars and students being denied entry by U.S. customs, State Department spokesman Vedant Patel responded in February, stating, “Humanitarian exchanges remain a discussion topic in our ongoing bilateral contacts with the People’s Republic of China (PRC).” Patel mentioned they would not comment on specific visa issues.

Between 2009 and 2019, the number of Chinese students enrolled in U.S. schools nearly doubled, making them the largest group of foreign students in American universities.

In the fiscal year ending in September of last year, the U.S. State Department issued 105,000 visas for Chinese students and scholars. U.S. Ambassador to China Nicholas Burns stated in a post on May 8 that “99.9% of Chinese students holding visas had no issues entering the U.S.”

The CCP exploits opportunities for talent exchanges with U.S. universities and companies to promote military-civil fusion policies. At least 50 Chinese universities have joined the “Military-Civil Fusion Strategy” joint construction program, establishing “Military-Civil Fusion Strategy Research Centers” or “Military-Civil Fusion Research Institutes,” with various sensitive technologies such as aerospace, quantum computing, biology, and hypersonic weapons becoming targets for theft.

In 2020, a report by the Hoover Institution revealed that as many as 115 U.S. universities and government-funded research labs have close ties with the Chinese military.

On May 29, 2020, former President Trump signed Executive Order 10043, banning Chinese students with ties to the Chinese military from obtaining F visas (student visas) or J visas (exchange scholar visas). The State Department stated that U.S. customs, citing this presidential order, rejected visas for 1,964 Chinese students and 1,764 Chinese scholars in 2021 and 2022.

Most of those affected at the time were students from schools like the “Seven Sons of National Defense” and Beijing University of Posts and Telecommunications with military-industrial backgrounds.

The schools and majors of the over 20 Chinese students denied entry since November last year were not within the scope of the military-industrial colleges like the “Seven Sons of National Defense,” indicating a gradual expansion of the scrutiny scope of Executive Order 10043 in recent years.

The Washington Post reported that in May last year, 26-year-old Chinese student Eric Xu, after completing a graduate degree in data mining and mathematics in Texas, was stopped by customs at Dallas-Fort Worth airport upon his return to the U.S. When Xu mentioned his specialty was AI machine learning, the customs officers’ demeanor changed significantly. Xu was informed that his visa had been canceled, and the reason for being denied entry was Executive Order 10043.

Forbes reported on Tian Su, a fifth-year Ph.D. student at a U.S. university specializing in transportation artificial intelligence. Su had been in the U.S. since 2018, but in March last year, she decided to return to China to visit her parents and renew her visa. Shortly after returning to China, the U.S. Embassy in Beijing refused her visa, preventing her from returning to the U.S. to complete her doctoral degree.

Yao Yuan, a professor of international studies at the University of Saint Thomas in the U.S., stated that currently, the competition between the U.S. and China is intense. Whether studying engineering, aerospace, computer science, or AI, these are the technologies that the U.S. is closely monitoring, leading to stricter scrutiny of Chinese students, especially those related to the CCP or the military.

“In the past, China (CCP) often achieved breakthroughs by stealing U.S. technology. The U.S. is no longer willing to allow this to continue and has started to view Chinese students, especially those connected to the Communist Party or military, as potential threats intending to steal intellectual property. Although these students may not necessarily have the intention to steal technology, the U.S. has encountered too many cases in the past and must remain vigilant,” Yao Yuan said.

Yao Yuan further explained that in the past, the U.S. was happy to see China gradually develop but did not feel the need to impose strong restrictions. However, the main issue now is that while China has grown, it has moved towards a more authoritarian system. If China were a normal democratic country, the U.S. would not treat Chinese students in this way. It can be said that Chinese students are also victims of the CCP regime.

“I haven’t personally heard of classmates being deported yet, but I’ve heard of visa denials, likely related to sensitive majors,” said Wang Xiang, a Chinese student studying in the U.S. Many Chinese students studying in the U.S. are actually very supportive of the country, as many who transition from an H1B visa to a green card rarely apply for citizenship but continue to stay in the U.S., prioritizing personal interests.

Wang Xiang pointed out that many Chinese students, including some on H1B work visas, do take intellectual property back to China, disclosing secrets or materials that could harm U.S. national security. Such actions are illegal and should be punished. While U.S. laws may be lenient, further investigations could uncover more. The more such actions Chinese students engage in, the less room there is left for future students, even if they don’t partake in such activities.

“If cutting-edge technology falls into the hands of authoritarian governments, it represents a regression for human civilization. I strongly support the U.S. in its actions, but thorough examinations and assessments are necessary and should not be generalized,” Wang Xiang stated.

Mei Zhou, a registered attorney at the California Supreme Court, mentioned that these measures specifically target the CCP or those with CCP backgrounds. Since Trump’s presidency, the focus has been on the CCP, becoming a norm. “This situation will only worsen, not improve. It’s not surprising to us at all,” she added.

“For students studying science and technology, questions will inevitably arise, especially if they have connections to military industries like the ‘Seven Sons of National Defense.’ This was designed under Trump’s Executive Order 10043 and has since expanded. Given these circumstances, questioning, reviewing, and even detaining them are inevitable,” Mei Zhou explained.

She also noted that labeling all Chinese students as technology thieves is an exaggeration. However, there are cases where Chinese scientists in the U.S. sell technology to the CCP and the military. If such cases didn’t exist, the current sensitivity wouldn’t be as pronounced. Therefore, in the context of the ongoing Cold War, individual actions are limited. However, how the U.S. deals with Chinese visa applicants from a diplomatic perspective has significantly tightened, requiring mental preparedness from most people. Although many students are innocent, there is little to be done.

Mei Zhou emphasized that U.S. customs are now very strict, even in previously lenient areas. For example, Hawaii used to be easy to access for many Chinese people due to its tourist-friendly environment, but even with a tourism visa, they could face cancellations and restrictions. Although Hawaii is a tourist destination, there might be concerns due to the presence of U.S. military bases.

Regarding internal transfers within the U.S., Mei Zhou mentioned that similar scrutiny applies. For instance, Chinese students transferring their status in the U.S., especially if they have backgrounds from institutions like Beijing University of Posts and Telecommunications or Nanjing University of Aeronautics and Astronautics, need to clarify their backgrounds during the immigration process.

Mei Zhou provided examples of clients she had encountered, such as a medical student studying cancer research. She emphasized the importance of being transparent about specific details to prevent misunderstandings during the immigration process.

She shared a case of an entrepreneur specializing in DNA testing, another sensitive field. Despite operating in a civilian capacity, the immigration bureau officials visited multiple times during the height of the pandemic to ensure his activities were non-threatening.

“Recently, there was an entrepreneur immigrant undergraduate who focused on a sheep wool carpet business,” Mei Zhou elaborated. “Sensitive areas like biotech can result in more scrutiny.”

Furthermore, Mei Zhou addressed a case of an entrepreneur specializing in blade manufacturing with ties to Beijing Aerospace University. Despite operating in the U.S. for over two decades, the individual faced annual investigations by the FBI.

“These examples highlight the daily challenges individuals face. Investigations are necessary to ascertain identities, but detaining without proper investigation is uncalled for,” she explained.

Mei Zhou stressed that references to the Chinese government, military, or other related activities in the U.S. immigration system are strictly prohibited. She recalled a case where a kindergarten teacher at a provincial level institution applied for political asylum. Instead of inquiring about the asylum reasons, the first question posed regarded how the CCP indoctrinated the individual. Such probing signifies the current confrontation between the U.S. and China.

“For instance, if you were a judge in China, you should avoid disclosing that. Calling yourself a lawyer and avoiding any association with the government is crucial. This scrutiny has persisted since Trump’s era till date,” Mei Zhou added.

Mei Zhou also addressed cases like doctors who had worked in Chinese public hospitals, which are usually state-run. Individuals who served as surgeons or nurses were suspected of collaborating in malevolent activities. Therefore, they must clarify their backgrounds, regardless of their personal history.

To help Chinese students studying science and technology avoid visa cancellations in the U.S., Mei Zhou advised honesty as the best policy. Being forthcoming and transparent about one’s specialization, research papers, or achievements could help build trust with immigration officials and potentially enable entry.

“I believe honesty is the best policy. Answer honestly to the best of your abilities. Even if you are a CCP member attempting to conceal it might not work. In a country governed by law like the U.S., rebuilding trust is challenging for those who lack initial faith. While many people may withhold dangerous information, concealing the truth could lead to further trouble from a legal perspective,” Yao Yuan expressed.

“The current U.S.-China relationship is at a point where such actions may be necessary. While some students may be genuinely innocent, in the eyes of the law, suspicions due to CCP affiliations cannot be easily dispelled. Individuals studying abroad might have pure intentions, but at times, they might also have other affiliations with the CCP, which is known for attracting highly educated individuals. The fact that you have the opportunity to study overseas might warrant legitimate suspicions of having CCP ties,” Yao Yuan concluded.