California Woman Sentenced in Birth Tourism Case

A California woman, Phoebe Dong, was sentenced on Monday to 41 months in federal prison for her role in a long-running “birth tourism” business. Dong, along with her husband Michael Liu, operated USA Happy Baby, a company that helped pregnant Chinese women travel to the United States to give birth, ensuring their children would gain automatic American citizenship.

U.S. District Judge R. Gary Klausner handed down the sentence in a Los Angeles federal court and ordered Dong to be taken into custody immediately. Dong and Liu were convicted in September of conspiracy and money laundering related to their operation.

The Rise of Birth Tourism in the U.S.

The case against Dong is one of several tied to “birth tourism” schemes, a practice where foreign nationals travel to the U.S. to give birth so their children can obtain American citizenship under the 14th Amendment. Birth tourism businesses often cater to individuals from China, Russia, Nigeria, and other countries, promising a pathway to future U.S. residency for the parents once the child turns 21.

The USA Happy Baby operation coached more than 100 pregnant women on how to evade detection at U.S. customs, prosecutors said. Strategies included flying into airports perceived as less strict and wearing loose-fitting clothing to conceal pregnancies.

“For tens of thousands of dollars, defendant helped her numerous customers deceive U.S. authorities and buy U.S. citizenship for their children,” federal prosecutors stated in court filings.

Dong’s Plea for Leniency

During her sentencing, Dong, visibly emotional, recounted her upbringing under China’s one-child policy, which she said forced her mother to undergo an abortion. She told the court that she wanted to help other Chinese women seeking opportunities for their children in the U.S.

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

Her attorney, John McNicholas, requested that Dong be allowed to serve her sentence after her husband Liu completes his, citing their responsibility for their three children, the youngest of whom is 13. However, the judge denied the request, and Dong was taken into custody immediately after sentencing.

Harsh Penalty Sparks Debate

Dong’s 41-month sentence matches the punishment given to Liu in December. McNicholas argued that Dong’s penalty was excessive, claiming the judge and prosecutors implicitly blamed her for enabling the birth of U.S. citizen children.

“Our position was these children are born in America. They’re citizens,” McNicholas said. “Implicitly, he’s saying being born here is not enough.”

Dong intends to appeal the sentence, according to her attorney.

Broader Efforts to Curb Birth Tourism

The USA Happy Baby case is part of a broader crackdown on birth tourism businesses that began under the Obama administration. In recent years, the issue has gained renewed attention, particularly under the Trump administration.

President Donald Trump, who recently returned to office, has reignited debates over birthright citizenship. Trump issued an executive order aimed at narrowing the definition of birthright citizenship, a move quickly blocked by federal courts as unconstitutional.

Another operator involved in a separate birth tourism business, “You Win USA,” was sentenced to 10 months in prison in 2019, while another suspect reportedly fled to China.