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Couple in California found guilty in Chinese birth tourism scheme

A jury in Los Angeles has found a couple guilty of operating a business that assisted pregnant Chinese women in traveling to the United States without disclosing their intention to give birth to children who would automatically become American citizens. Michael Liu and Phoebe Dong were convicted of conspiracy and money laundering charges after a federal court trial in Los Angeles. The case emerged after a federal crackdown on birth tourism operators who facilitated pregnant women in lying on visa applications and concealing their pregnancies to deliver babies in the US.

The charges against Liu and Dong were filed in 2019, along with several others involved in the scheme. Prosecutors accused Liu and Dong’s company, “USA Happy Baby,” of aiding hundreds of birth tourists between 2012 and 2015, charging them up to $40,000 for various services, including arranging apartment rentals in Southern California. Prosecutors claimed that the couple collaborated with overseas entities to coach women on deceiving immigration authorities during visa interviews and upon arrival in US airports.

Throughout the trial, defense attorneys for Liu and Dong argued that prosecutors failed to establish a direct link between their clients and the pregnant women in China, emphasizing that their services were only provided once the women were in the United States. They also contended that birth tourism is not a criminal act, highlighting that Dong’s assistance to women was crucial due to China’s strict one-child policy.

While birth tourism businesses have long operated in several states, including California, catering to expectant couples from various countries, misleading consular and immigration officials about travel purposes is against the law. The allure for travelers has been the prospect of birthright citizenship in the US, seen as a pathway for their children to access opportunities like higher education and future prospects. Liu and Dong are set to be sentenced on December 9th.

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