A woman from California has been sentenced to over three years in prison for her involvement in a business facilitating travel for pregnant women from China to the U.S. in order to give birth. Phoebe Dong, who was sentenced to 41 months by U.S. District Judge R. Gary Klausner, had her custody ordered immediately from the federal court in Los Angeles.
In September, Dong and her husband, Michael Liu, were found guilty of conspiracy and money laundering related to their operation, known as USA Happy Baby. This case has gained attention amid the ongoing debate about birthright citizenship in the U.S., especially following former President Donald Trump’s return to office. Trump attempted to redefine birthright citizenship through an executive order, which a federal judge quickly deemed “blatantly unconstitutional.”
Dong and Liu were among numerous individuals implicated in a crackdown during the Obama administration targeting “birth tourism” operations, which have been known to assist women from countries like China, Russia, and Nigeria in concealing their pregnancies while in the U.S. According to the 14th Amendment, any child born on U.S. soil is granted American citizenship, and many see this as a pathway to a superior future, given that parents can pursue permanent residency once the child turns 21.
Tears filled Dong’s eyes during her sentencing as she shared her painful experiences growing up under China’s one-child policy, which led her mother to be forced into having an abortion. She expressed that moving to the U.S. brought difficulties, but having children motivated her to assist other Chinese women seeking to have their babies in California.
“I don’t want to lose my kids,” she pleaded, requesting fair judgment from the court as she accepted responsibility for her actions. Federal prosecutors, however, aimed for a sentence exceeding five years, asserting that Dong and Liu assisted over 100 pregnant women in entering the U.S. They claimed that the couple had trained women on how to deceive customs officials by choosing less strict airports and dressing in loose clothing to hide their pregnancies.
Prosecutors argued that for substantial sums of money, Dong facilitated her clients in misleading U.S. authorities to secure citizenship for their children. In December, Liu also received a 41-month prison sentence. Dong’s attorney, John McNicholas, requested that she serve her term after Liu to allow them to care for their three children, the youngest being 13 years old. While the prosecutor agreed to a delay, Judge Klausner insisted on her immediate custody.
Before being escorted away, Dong removed a necklace and handed it to a family member. The case surrounding USA Happy Baby is part of a wider investigation into organizations aiding women in traveling to the U.S. for childbirth. One associate of a similar business has reportedly fled to China, while another was sentenced in 2019 to ten months for conspiracy and visa fraud linked to the business known as “You Win USA.”
McNicholas expressed his belief that Dong’s punishment was disproportionately severe because of the government’s perspective on the U.S. citizenship of the babies born through her facilitation. He emphasized that the mere act of being born in America should be sufficient for citizenship, asserting that this sentiment is separate from the accusations against her and Liu. He confirmed Dong’s intentions to appeal, stating, “Implicitly, he’s saying being born here is not enough.”
