California Pair Involved in Chinese Birth Tourism Scheme : Here’s new facts you need to know

Sunday, September 15, 2024

A Southern California couple was convicted by a jury on Friday for operating a business that assisted pregnant Chinese women in traveling to the United States without disclosing their intent to give birth and secure American citizenship for their babies.

Michael Liu and Phoebe Dong were found guilty of conspiracy and 10 counts of money laundering in a federal court in Los Angeles. The case comes nine years after a federal crackdown on birth tourism operators who allegedly helped pregnant women mislead U.S. authorities to enter the country for the purpose of giving birth.

Liu and Dong were charged in 2019 alongside several others, including a woman who pleaded guilty and was sentenced to 10 months in prison for running a similar business called “You Win USA.”

Prosecutors claimed that Liu and Dong’s company, “USA Happy Baby,” provided services to several hundred women between 2012 and 2015, charging up to $40,000 for assistance, including apartment rentals during their stay in Southern California. The company also collaborated with overseas entities to coach women on how to pass U.S. visa interviews and evade detection of their pregnancies at airports, including wearing loose clothing to avoid suspicion.

“Their business model always included deceiving U.S. immigration authorities,” federal prosecutor Kevin Fu said during closing arguments.

Defense attorneys for the couple, who are now separated, argued that their clients only offered services after the women had arrived in the United States and were not involved in the deception of U.S. immigration authorities. Liu’s attorney, Kevin Cole, stated that the government had failed to link his client directly to communication with the pregnant women in China.

John McNicholas, representing Dong, argued that birth tourism itself is not a crime and that Dong was helping women who could face repercussions under China’s one-child policy if they returned home to give birth.

Birth tourism businesses have long operated in the United States, particularly in California, catering to clients from China, Russia, Nigeria, and other countries. While it is not illegal for pregnant women to visit the U.S., lying to immigration officials about the purpose of travel is prohibited.

The draw for many travelers is birthright citizenship, which they believe may provide future benefits for their children, including access to education and the possibility of the parents applying for U.S. residency once their child turns 21.

Liu and Dong are scheduled to be sentenced on December 9.

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