California Woman Sentenced for Role in Birth Tourism Scheme

Feature and Cover California Woman Sentenced for Role in Birth Tourism Scheme

A California woman, Phoebe Dong, was sentenced on Monday to 41 months in prison for her role in a business that facilitated “birth tourism,” helping pregnant Chinese women travel to the United States to deliver babies who automatically became U.S. citizens. Dong and her husband, Michael Liu, operated the company USA Happy Baby and were convicted in September of conspiracy and money laundering. U.S. District Judge R. Gary Klausner handed down the sentence in a federal court in Los Angeles and ordered Dong into custody immediately after the hearing.

This sentencing comes amid renewed debate over birthright citizenship in the United States, which has become a focal point following Donald Trump’s return to the political stage. As president, Trump issued an executive order aimed at restricting birthright citizenship, a move blocked by a federal judge who deemed it “blatantly unconstitutional.”

Dong and Liu were among over a dozen individuals charged in a crackdown on birth tourism schemes initiated during the Obama administration. These businesses, which cater primarily to women from China, Russia, Nigeria, and other countries, have been accused of helping pregnant women disguise their pregnancies and travel to the United States to give birth. Under the 14th Amendment, all children born in the U.S. are automatically granted citizenship. For many, this pathway provides their children with access to a U.S. education and the opportunity to eventually sponsor their parents for permanent residency when they reach the age of 21.

In her emotional testimony during the sentencing, Dong reflected on her upbringing in China, which was shaped by the country’s one-child policy. She tearfully recounted how the government forced her mother to have an abortion, and she described the struggles she faced after immigrating to the U.S. Despite these hardships, Dong said she was inspired by having children of her own and hoped to help other Chinese women seeking similar opportunities in California.

“I don’t want to lose my kids,” Dong told the court. “I hope you can give me fair judgment. I will take all my responsibility.”

Federal prosecutors, however, sought a more severe penalty, recommending a sentence exceeding five years. They accused Dong and Liu of orchestrating a scheme that enabled more than 100 pregnant Chinese women to enter the United States. According to prosecutors, the couple coached these women on how to deceive immigration officials by arriving at airports with less stringent screening procedures and wearing loose clothing to conceal their pregnancies.

“For tens of thousands of dollars each, defendant helped her numerous customers deceive U.S. authorities and buy U.S. citizenship for their children,” prosecutors stated in court documents. After the sentencing, they declined to provide further comment.

Michael Liu had already been sentenced in December to 41 months in prison for his involvement in the scheme. Dong’s lawyer, John McNicholas, requested that her prison term be postponed until Liu completed his sentence so that their three children, the youngest of whom is 13, would not be left without parental care. While federal prosecutor Kevin Fu agreed to the proposal, Judge Klausner denied the request, ordering Dong to begin her sentence immediately. As she was led away, Dong handed a necklace to a family member.

The USA Happy Baby case is part of a larger investigation into businesses that facilitate birth tourism in California. Prosecutors have pursued multiple cases, including one involving the operator of a company called “You Win USA.” That operator was sentenced in 2019 to 10 months in prison after pleading guilty to charges of conspiracy and visa fraud. Another individual linked to these schemes is believed to have fled to China, according to court filings.

McNicholas argued that Dong received a disproportionately harsh sentence due to the perception that she and Liu were responsible for enabling the birth of U.S. citizen children through their business practices. He contended that this perception unfairly influenced the sentencing, as the issue of citizenship was not directly related to the charges of conspiracy and money laundering.

“Our position was these children are born in America. They’re citizens,” McNicholas said, adding that Dong plans to appeal the verdict. “Implicitly, he’s saying being born here is not enough.”

The broader issue of birthright citizenship remains contentious, particularly as political debates intensify around immigration and citizenship policies. For individuals like Dong, the intersection of legal and ethical considerations continues to spark discussions on the implications of birth tourism and the responsibilities of those involved.

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