LOS ANGELES (AP) — A California woman was sentenced Monday to more than 3 years in prison in a long-running case over a business that helped pregnant Chinese women travel to the United States to deliver babies who automatically became American citizens.
U.S. District Judge R. Gary Klausner gave Phoebe Dong a 41-month sentence and ordered her immediately taken into custody from his federal court in Los Angeles. Dong and her husband were convicted in September of conspiracy and money laundering through their company, USA Happy Baby.
The sentencing came as birthright citizenship has been thrust into the spotlight in the United States with the return of President Donald Trump to the White House. Since taking office, Trump issued an executive order to narrow the definition of birthright citizenship, a move quickly blocked by a federal judge who called it “blatantly unconstitutional.”
Dong and her husband, Michael Liu, were among more than a dozen people charged in an Obama-era crackdown on so-called “birth tourism” schemes that helped Chinese women hide their pregnancies while traveling to the United States to give birth. Such businesses have long operated in various states catering to people from China, Russia, Nigeria and elsewhere.
Under the 14th Amendment, any child born in the United States is an American citizen. Many have seen these trips as a way to help their children secure a U.S. college education and a better future — especially since the tourists themselves can apply for permanent residency once the children turn 21.
During her sentencing hearing, Dong wiped away tears as she recalled growing up without siblings due to China’s strict “ one-child ” policy and told the court that the Chinese government forced her mother to have an abortion. Moving to the United States was challenging, she said, but Dong grew hopeful after having children of her own and saw she could help Chinese women who want to have additional children in California.
“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.”
Federal prosecutors sought a more than five year sentence for Dong and argued that she and Liu helped more than 100 pregnant Chinese women travel to the United States. They said the pair worked with others to coach women on how to trick customs officials by flying into airports believed to be more lax while wearing loose-fitting clothing to hide 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 said in court filings. They declined to comment after the sentencing.
In December, Liu was also sentenced to 41 months in prison. Dong’s lawyer, John McNicholas, asked that she be allowed to serve her term after Liu completes his sentence because of their three children. The youngest is 13.
Federal prosecutor Kevin Fu agreed to the delay but Klausner refused and had her taken into custody immediately. Dong removed a necklace and gave it to a family member before she was led away.
The USA Happy Baby case was part of a broader probe into businesses that helped Chinese women travel to give birth in California. The operator of another business is believed to have fled to China, McNicholas wrote in court filings, while another was sentenced in 2019 to 10 months in prison after pleading guilty to conspiracy and visa fraud for running the company known as “ You Win USA.”
McNicholas said he feels Dong was given a much longer sentence because the government and Klausner blame her for the babies that were born U.S. citizens. That, he said, is unrelated to the allegations that she and Liu helped women travel to the United States to give birth.
“Our position was these children are born in America. They’re citizens,” McNicholas said, adding that Dong will appeal. “Implicitly, he’s saying being born here is not enough.”
