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During the sentencing hearing in federal court in Los Angeles, Dong wiped away tears as she recalled growing up without siblings due to China’s strict “one-child” policy. She told the court that the Chinese government forced her mother to have an abortion. Federal prosecutors argued that Dong and Liu helped more than 100 pregnant Chinese women travel to the United States. Authorities said the pair coached women on how to deceive customs officials by flying into airports believed to be more lenient while wearing loose-fitting clothing to hide their pregnancies.
“For tens of thousands of dollars each, defendant helped her numerous customers deceive US authorities and buy US citizenship for their children,” prosecutors said in court filings. Federal prosecutors declined to comment after the sentencing.
Dong told the court that moving to the United States had been challenging but that she grew hopeful after having three children of her own. She became an American citizen and said she saw she could help Chinese women seeking to have additional children near her home 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.”
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 has completed his sentence because of their children. The youngest is 13. Judge Klausner refused and had her taken into custody immediately. She removed a necklace and gave it to a family member before she was led away. McNicholas said that Dong would appeal.
Birthright citizenship has been thrust into the spotlight in the United States with the return of Donald Trump to the White House. Trump recently issued an executive order to narrow the definition of birthright citizenship. It was quickly blocked by a federal judge who called it “blatantly unconstitutional.” The order had been opposed by the attorneys general for 22 states.
Dong and 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 as they traveled to the United States to deliver babies. Such businesses have long operated in California and other states, catering to people from China, Russia, Nigeria, and elsewhere.
The key draw for those travelers is that under the 14th Amendment, any child born in the United States is an American citizen. Many parents who engaged in so-called “birth tourism” believe it could help their children secure a US college education and provide hope for their futures – especially since the tourists themselves can apply for permanent residency once their American child turns 21. Pregnant women can travel to the United States, but lying to US consular and immigration officials about the reasons for doing so is not permitted.
The USA Happy Baby case was part of a broader investigation into businesses helping Chinese women travel to give birth in California. The operator of another business is believed to have fled to China. A third individual 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.”
As the legal proceedings continue, the case highlights the complexities and controversies surrounding birthright citizenship and the lengths to which some individuals will go to secure a better future for their children.
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