By Federale
12/02/2013
Communist China has a new immigration law, Exit and Entry Administration Law of the People’s Republic of China, and, like Mexico’s immigration laws, it does not tolerate the welfare dependent nor will it threaten Red China’s racial make-up.
The Jamestown Foundation China Brief November 22, 2013 by Melissa Lefkowitz
In July of this year, China enacted its first major reform to its immigration policy since 1986. Passed by the National People’s Congress Standing Committee in 2012, the Exit-Entry Administration Law, which has replaced the Law for Foreigners and the Law for Citizens, features harsher penalties for visa overstays and unauthorized work. This new law, along with China’s upcoming revisions to its permanent residency application system, makes abundantly clear the fact that China has little interest in becoming a receiving country for transnational migrants.
And Chinese immigration policy is directed at skilled workers, not family reunification, unless one is Overseas Chinese. Otherwise forget about getting permanent residency in China.
China’s Nationality Law states that naturalization may be acquired through an application process, under the conditions that the applicants are relatives of Chinese nationals, have settled in China, or have “other legitimate reasons” (Nationality Law of the People’s Republic of China, 1980).
Even more significant is that legal permanent residency is not a step to naturalization:
Foreigners can also establish long-term residence in China through a permanent residency permit, otherwise known as the “Chinese green card,” which is not a step toward citizenship.
And obviously, there are few non-Chinese Chinese citizens in China:
However, one would be hard-pressed to find an official permanent resident or naturalized citizen anywhere in the country. Since 2004, when China began granting permanent residency permits to foreigners, only an approximate 5,000 people have been awarded the coveted permit, called the “hardest to get in the world” by the Southern Metropolis Daily (Southern Metropolis Daily, September 6, 2013; China Daily, November 19, 2012, October 17, 2012).
And they are not looking for stoop laborers, the elderly, the mentally ill, criminals or failures:
The low number of permanent resident card holders is in no small part due to the fact that the program was and continues to be geared toward high-level personnel and overseas Chinese: employees who belong to companies that promote China’s economic, scientific and technological development, individuals who make relatively large direct investment in China (over $500,000 USD) or have made “outstanding contributions” that are of special importance to China, and relatives of Chinese citizens who plan on residing permanently in China (China Daily, August 21, 2004, October 16, 2006).
Interestingly, the Chinese distinguish between long-term residency, based on employment, and permanent residency, unlike the United States.
According to Qu Yunhai, deputy director of the Entry and Exit Administration Bureau, the Ministry of Public Security and the Ministry of Foreign Affairs are in the process of developing a new draft regulation that will feature lower requirements for green card applicants (China Daily, October 17, 2012). An expert privy to the ministry’s recent activities, Liu Guofu of the Beijing Institute of Technology, has said that the draft regulation will target immigrants in the technology field who have lived in China for ten consecutive years (China Daily, November 19, 2012). Both Qu and Liu’s remarks suggest that even with a relaxation in application requirements, the majority of foreign long-term residents of China will not be considered eligible for permanent residency status.
Just think if an American politician proposed that those allowed in the United States had to have a job and could only stay as long as they were gainfully employed and contributing to American society. There would be hell to pay from even Chinese groups in America. Turnabout is not fair play with racist groups like La Raza or Chinese for Affirmative Action.
Unlike in the United States, both national and local officials have the authority to arrest, detain, and interrogate aliens suspected of being illegal aliens base merely on suspicion. Clearly this allows racial profiling, not that there is anything wrong with that. Aliens may be detained for as long as 60 days without charges.
From the law itself as linked above:
Article 59 Persons suspected of violating the regulations on exit/entry administration may be interrogated on the spot; upon on-the-spot interrogation, the aforesaid persons may be interrogated in continuation in accordance with the law under any of the following circumstances:
(1) Are suspected of illegally exiting or entering China;
(2) Are suspected of assisting others in illegally exiting or entering China;
(3) Are foreigners suspected of illegally residing or working in China; or
(4) Are suspected of endangering national security or interests, disrupting social or public order, or engaging in other illegal or criminal activities.
On-the-spot interrogation and continued interrogation shall be conducted in accordance with the procedures prescribed in the People’s Police Law of the People’s Republic of China.
Where public security organs under local people’s governments at or above the county level or exit/entry border inspection authorities need to summon the persons suspected of violating the regulations on exit/entry administration, they shall handle the matter in accordance with the relevant regulations of the Law of the People’s Republic of China on Penalties for Administration of Public Security.
Article 60 Where foreigners involved in any of the circumstances specified in the first paragraph of Article 59 of this Law cannot be cleared of suspicion after on-the-spot interrogation or continued interrogation and therefore need to be further investigated, he may be detained for investigation.
When detaining a foreigner for investigation, the authority concerned shall present a written decision on detention for investigation and shall interrogate the detained foreigner within 24 hours. Where the aforesaid organ finds that a foreigner should not be detained for investigation, it shall immediately release him from detention for investigation.
The period of detention for investigation shall not exceed 30 days; for complicated cases, the period may be extended to 60 days upon approval by the public security organs under the local people’s governments at the next higher level or by the exit/entry border inspection authorities at the next higher level. For foreigners whose nationalities and identities are unknown, the period of detention for investigation shall be calculated from the date when their nationalities and identities are found out.
Instead of having the Chinese construct our government websites, perhaps we can bring in some Chinese H-1Bs to write our new immigration laws.
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