California Woman Sentenced to Over Three Years for Role in Birth Tourism Scheme
LOS ANGELES (AP) – A California woman was sentenced Monday to more than three years in prison for her involvement in a business that assisted pregnant Chinese women in traveling to the U.S. to give birth, ensuring their babies would be granted American citizenship. Phoebe Dong, 41, was handed a 41-month prison sentence by U.S. District Judge R. Gary Klausner and taken into custody immediately. Her sentencing follows a conviction in September on charges of conspiracy and money laundering related to her company, USA Happy Baby.
Dong and her husband, Michael Liu, were found guilty of running a “birth tourism” operation. These schemes have been scrutinized in recent years, especially with heightened attention to birthright citizenship under the Trump administration. Although President Trump sought to redefine birthright citizenship through an executive order, a federal judge blocked the move, deeming it unconstitutional.
Dong’s company was one of many businesses involved in helping Chinese women circumvent immigration laws by flying to the U.S. to deliver babies. The children born in America automatically became U.S. citizens under the 14th Amendment. The practice of “birth tourism” has been prevalent, with Chinese women, in particular, seeking better futures for their children, especially considering the potential for their U.S. citizenship to grant them opportunities like access to U.S. colleges and a path to permanent residency.
During the hearing, Dong, visibly emotional, reflected on her childhood in China, where she grew up as an only child due to the country’s one-child policy, and how her mother was forced to have an abortion. Despite the challenges, Dong expressed her desire to help other women by offering them a chance at a new life in the U.S. “I don’t want to lose my kids,” she told the court. “I hope you can give me fair judgment. I will take all my responsibility.”
Prosecutors argued that Dong and Liu facilitated the travel of over 100 pregnant women, teaching them how to evade U.S. customs officials by arriving at airports with lax scrutiny and wearing baggy clothes to conceal their pregnancies. They also helped women navigate the complex immigration system for a fee that often exceeded tens of thousands of dollars.
For his part, Liu was sentenced to 41 months in prison in December. Dong’s defense attorney, John McNicholas, requested that she be allowed to serve her sentence after Liu's term to care for their three children, the youngest being 13 years old. However, Judge Klausner denied the request and had her taken into custody immediately.
The USA Happy Baby case is part of a larger federal investigation into various businesses that facilitated birth tourism, especially in California, where many such operations have flourished. One business operator has reportedly fled to China, while another individual was sentenced in 2019 to 10 months in prison for conspiracy and visa fraud related to the “You Win USA” operation.
McNicholas contended that Dong’s sentence was unusually harsh, suggesting that she was being unfairly blamed for the citizenship status of the children born as a result of her actions. “Our position was these children are born in America. They’re citizens,” he said. Dong plans to appeal the ruling, questioning the fairness of the sentence, especially since her actions were centered on assisting women in having children, not manipulating their citizenship status.