In the United States, Chinese Communist Party members are facing legal and identity dilemmas. While the CCP demands loyalty from them, continuing to maintain ties with the Communist Party and carrying out party-assigned tasks poses risks of conflicting with US laws.
According to the Financial Times, there are currently at least 10,000 CCP youth members studying or working in the US, with many holding senior positions at top universities and technology and financial companies.
These youth members mostly joined the Chinese Communist Party during their university years in China. In the CCP-ruled China, joining the party is a common practice, with many outstanding students being required to “actively ingratiate themselves with party organizations.”
The CCP’s specific instructions to them include participating in party network meetings regularly, studying political materials sent from China (including party history and leader speeches), paying party fees, promoting the image of Communist China in front of colleagues in the US, and being verified by party officials to ensure their continued loyalty.
Since the Tiananmen Square massacre, the Chinese Communist Party has been intensifying ideological propaganda and brainwashing among students on campuses, with this trend becoming more pronounced since 2012.
In 2019, the CCP issued new regulations requiring overseas students to “contact” domestic party organizations at least once every six months. In 2020, the Communist Youth League also demanded that 74 million youths aged 14 to 28 studying abroad “regularly report personal information.”
Chen Chuangchuang, Executive Director of the China Democracy Party, told the Epoch Times that since Xi Jinping took power and stressed that the party rules all aspects, Chinese Communist Party members abroad naturally included.
“Now the CCP wants to dominate, but faces two problems: whether to rely on advanced technology or the West, and its disadvantaged position in international public opinion. Therefore, the CCP requires party members and young professionals who have studied abroad to return to China after learning things and serve the CCP; those who do not return must continue to promote the so-called Chinese story and deceive the world according to the CCP’s discourse system.”
He said that for a long time, the international community has regarded China as a normal country and allowed the CCP’s actions. If the outside world reacts more actively and strongly, the CCP should retreat.
The Financial Times reported that these student party members in the US stated that they have publicly expressed positive views on (Communist) China as required by the party; while employee members stated that they tried to conceal their connection to the CCP when applying for US work visas.
Initially, some Chinese professionals studying in the US chose to admit their party membership, fearing that lying would lead to bigger problems. With the ongoing deterioration of US-China relations, many applicants believe that concealing their political relationships is a better choice and hope that the US government will not obtain this information.
These activities may expose them to legal risks in the US: actively maintaining contact with the CCP, following party instructions may violate the Foreign Agents Registration Act; CCP membership may make it difficult to apply for a green card, and hiding this fact when applying could lead to risks in the future.
The US Foreign Agents Registration Act (FARA) stipulates that individuals who engage in propaganda work at the request of a foreign government or politicians must register as foreign agents with the US Department of Justice.
Chen Chuangchuang stated that if young people are instructed to tell the Chinese story in line with the CCP discourse, they are effectively acting as agents of the CCP.
“It’s not that you cannot act as agents, but you need to register as foreign agents to let the US government know who you are speaking for. If you don’t report and secretly or illegally do it, you are indeed violating the Foreign Agents Registration Act. If you do more, such as help gather information or provide intelligence, then you are directly harming the US.”
He also mentioned that it is difficult to imagine that some Chinese youths went to secret US military bases to take pictures, indicating that their actions may not be entirely voluntary.
A month ago, the US government charged a 26-year-old Chinese student with six misdemeanor violations of the Espionage Act. He was accused of using an unregistered drone to film US Navy warships. On January 6, 2024, Chinese student Fengyun Shi from the University of Minnesota appeared near the Huntington Ingalls Industries headquarters in Newport News, Virginia. The FBI investigated. They found that the photos and videos on his SD card were suspected of “capturing US Navy warships and/or ships intended for use by the US Navy.”
Chen Chuangchuang said that concealing facts is deception and a very serious matter. When you come to a foreign sovereign country and lie, there may be other motives, which is dangerous. Even if you have a valid visa, it can be revoked, or even if you obtain citizenship, from a legal perspective, the US government can still revoke your citizenship.
Washington human rights lawyer Ye Ning told the Epoch Times that in general, if you are not exposed by others, or the US does not have other resources, it is difficult for the US government to verify if you are a CCP member. Therefore, in many cases, these individuals pass through successfully. However, if you are found lying, it will make your previous applications invalid and lead to other legal consequences.
Continuing to maintain CCP membership in the US always poses significant security risks, especially during tense US-China relations.
As US-China relations continue to deteriorate, the Trump administration reactivated anti-Communist infiltration clauses from the Cold War era in 2020, authorizing the expulsion of CCP members and members of other authoritarian parties from the US.
Unlike ordinary political parties, the Chinese Communist Party originated from an extreme, secretive, subversive underground organization, with party members pledging in their oath to execute party decisions, strictly adhere to party discipline, and be prepared to sacrifice everything for the party’s interests.
The US Citizenship and Immigration Services explicitly state that “generally, unless exempt, individuals with membership in or affiliation with a domestic or foreign communist or other totalitarian party (or branch, or subdivision of such a party) will not be admitted for immigration.”
Subsequently, the Trump administration sued several Chinese military researchers who concealed their identities and studied at US universities and research institutions. The Biden administration continues to implement this policy.
The state-run CCP media China Daily reported last month that four Chinese students studying abroad and attending academic conferences were questioned and deported by US Customs, with immigration officials “particularly concerned about political backgrounds such as CCP membership.”
The US State Department stated that visa applicants (from China) will undergo a comprehensive security review. Their visas will not be approved until all issues are fully resolved.
In recent years, the number of green cards approved for Chinese applicants has sharply decreased, dropping 17% since 2016. US immigration officials emphasized that in recent years, they have become “more serious” in examining Chinese green card applicants associated with the Communist Party, stating that identifying CCP member status is “easier than identifying marriage fraud.”
Several leading US immigration law firms, including BAL and Fragomen, have started demanding that applicants for H-1B work visas, such as those employed by Google, disclose their Communist Party or Youth League affiliations.
Washington human rights lawyer Ye Ning told the Epoch Times that maintaining CCP membership in the US is essentially illegal, in accordance with US laws regarding expelling immigrants, and poses real legal risks.
“If CCP members have not become US citizens, engaging in organizational activities for the CCP in the US is undoubtedly underground party behavior. This not only seriously violates a series of legislation such as the US Espionage Act but also directly violates Section 212 of the US Immigration Act, which excludes Communist Party membership. Unless the US overlooks these issues in law enforcement, such situations will not be allowed to persist. If law enforcement is rigorous, these individuals will be detained in immigration prisons and deported to their home countries.”
“It should be a major trend for the US government to increase scrutiny on CCP members in the future,” he added.
Chinese ordinary individuals caught between the two countries face an identity crisis. How to disassociate from the Communist Party becomes an urgent issue.
On the North America Graduate Student Forum “One Acre Three Points,” many express similar anxieties. One netizen stated: “A few days ago, I received an RFE notice requiring proof of being expelled from the party organization, and it said that it is not enough to automatically withdraw from the party after five years. Withdrawal needs to be ‘discussed and approved by the party organization superiors.'”
Chen Chuangchuang explained that it is difficult to get the CCP to officially expel you. For these CCP members, publicly announcing their withdrawal from the party and having evidence is sufficient.
“For example, the Certificate of Quitting the Party issued by the non-governmental organization Global Service Center for Quitting the Party is very helpful in practice. It may not apply to everyone because the US government conducts individual reviews, but it is indeed helpful and useful.”
Ye Ning stated that in a regular judicial context, the party withdrawal certificate itself does not have evidence value. Testimony from individuals at the Quitting the Party Center who handled the party withdrawal procedures is required in court for it to have evidentiary effects. However, at the administrative legal level, it falls under a category called “written hearsay,” which can be admissible as evidence with evidentiary value.
In 2017, Ms. Wu, who obtained a US green card, told the Epoch Times that when in China, she only joined the Communist Youth League and Young Pioneers, not the party. When filling out forms for green card and citizenship applications, she was asked if she had ever been a member of the Communist Party or any authoritarian party. She answered “No” on the green card application but “Yes” on the citizenship application.
During her citizenship interview, immigration officials directly questioned why the answers to these two questions on the green card and citizenship applications were inconsistent, directly questioning whether she was deceiving the US government.
Ms. Wu realized the seriousness of the issue. She told the immigration officer that in mainland China, every middle school student had to join the Communist Youth League, and according to CCP standards, she was no longer considered a Youth League member at her age. More importantly, she publicly announced her withdrawal from the Communist Youth League on the Epoch Times website years ago and provided evidence of quitting the Youth League during her application.
The immigration officer accepted her explanation, noting on the citizenship application that it did not affect her naturalization.
“I shudder at the thought now, fortunately announcing my three withdrawals on the Epoch Times website helped me out at this critical moment,” Ms. Wu said.
Regarding how CCP members can disassociate themselves from their party membership, Ye Ning suggested: first, do not actively engage in activities for the CCP, such as being enticed by the CCP’s small favors and waving flags for the CCP.
“For example, in November 2023, there was a physical altercation between Chinese political dissidents, pro-democracy activists, and Chinese Communist Party supporters in San Francisco, leading to a bloody incident. If you keep leading the charge like this, will it bring trouble to yourself? Even if you have never joined the party, behaving this way will still get you labeled as a Communist. All intelligent Chinese migrants should have this in mind.”
Ye Ning stated that activities such as quitting the party, holding press conferences to expose the CCP, and so on are helpful practices in the long run and increase the security factor of their identity.
“If, when applying for a green card, one has already gone through the party withdrawal procedures at the Global Service Center for Quitting the Party, published a public statement announcing their withdrawal from the Chinese Communist Party on the Epoch Times website, and attached evidence, these applicants can still adjust their status to permanent residency.”