Los Angeles — A California woman was sentenced Monday to more than 3 years in jail 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 sentenced Phoebe Dong to 41 months in prison and ordered her to be taken into custody right away from federal court in Los Angeles. Dong and her husband were found guilty in September of conspiring and moving money using their business, USA Happy Baby.
The sentencing happened at a time when birthright status is being discussed a lot in the United States, especially with President Donald Trump back in office. Since he took office, Trump made an order to change the rules about birthright citizenship, but a federal judge stopped it, saying it was clearly against the Constitution.
Dong and her husband, Michael Liu, were among more than a dozen people accused in a government effort from the Obama administration to stop “birth tourism” schemes. These schemes allowed Chinese women to hide their pregnancies while coming to the United States to give birth. These companies have been operating in different states, serving people from China, Russia, Nigeria, and other places.
According to the 14th Amendment, every child born in the United States automatically becomes a citizen. Many people view these trips as a way to help their kids get a U.S. college education and improve their future. This is especially true since the tourists can apply for permanent status when their children turn 21.
During her sentencing hearing, Dong wiped away tears as she remembered 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 tough, she said, but Dong became hopeful after she had her own children. She realized she could help Chinese women who want to have more children in California.
“I don’t want to lose my children,” she said to the court. “I hope you can be fair in your judgment.” “I will take full responsibility.”
Federal prosecutors requested a prison term of over five years for Dong, claiming that she and Liu assisted more than 100 pregnant women from China in coming to the United States. They said the two helped others teach women how to deceive customs officials by flying into airports thought to be less strict, wearing loose clothes to hide their pregnancies.
Prosecutors said in court documents that the suspect helped many customers trick U.S. authorities into buying U.S. citizenship for their children, charging them tens of thousands of dollars each. They chose not to say anything after the sentence.
In December, Liu was given a 41-month prison term. Dong’s lawyer, John McNicholas, asked that she be allowed to serve her time after Liu completes his sentence because of their three children. The youngest is 13 years old.
Federal prosecutor Kevin Fu accepted the delay, but Klausner did not and had her taken into prison right away. Dong took off a chain and gave it to a family member before she was taken away.
The USA Happy Baby case was part of a larger investigation into companies that assisted Chinese women in traveling to California to have their babies. The operator of another business is thought to have escaped to China, according to court documents from McNicholas. Meanwhile, another person was sentenced to 10 months in prison in 2019 after admitting to conspiracy and visa theft related to a company called “You Win USA.”
McNicholas believes Dong received a longer term because the government and Klausner think she is responsible for the babies who were born as U.S. citizens. He said that is not connected to the claims that she and Liu assisted women in traveling to the United States to give birth.
“We believe these children are born in America.” “They are citizens,” McNicholas said, and added that Dong will appeal. “Basically, he’s saying that just being born here isn’t enough.”
Leave a Comment