Man Sentenced for Assisting Pregnant Chinese Women in Traveling to the U.S. for Childbirth

LOS ANGELES—On Monday, a California man was sentenced to nearly three and a half years in prison for operating a large business that assisted pregnant Chinese women in traveling to the United States to give birth to children who would automatically qualify for American citizenship.

U.S. authorities sought a five-year prison sentence for Michael Wei Yueh Liu, who was found guilty in September of conspiracy and money laundering for managing a company called USA Happy Baby. Phoebe Dong, Liu’s estranged wife, was also convicted in connection with the operation and is expected to face sentencing at a later date.

Following a 41-month sentence, Liu was escorted out of the courtroom by authorities and taken into custody. He briefly handed his attorney his belt and a folder before holding Dong’s hand as she wept.

Federal prosecutors declined to comment immediately after Monday’s proceedings.

U.S. District Judge R. Gary Klausner stated that the sentence was determined by considering the convictions and allowing some leniency due to Liu’s responsibilities as a caretaker for his elderly parents and his 13-year-old son.

Authorities reported that USA Happy Baby facilitated travel for several hundred women from China to give birth to U.S.-citizen children from 2012 to 2015. The couple charged tourists up to $40,000 for services that included apartment rentals during their stays in Southern California, and they collaborated with overseas entities that coached women on what to say during visa interviews and upon arrival at U.S. airports, suggesting they wear loose clothing to conceal their pregnancies.

“For tens of thousands of dollars for each client, the defendant enabled numerous individuals to deceive U.S. authorities and purchase American citizenship for their children,” U.S. prosecutors stated in court documents. “This criminal activity is serious and calls for a substantial sentence to uphold respect for the law and hold the defendant accountable.”

Kevin Cole, Liu’s attorney, argued that his client should not face a sentence exceeding 26 months and had requested that he be allowed to serve his time at home. Liu, a 59-year-old father of three, was born in Taiwan, graduated from college, and served in the military there, having no prior criminal history and being the primary caregiver for his parents, taking them to medical appointments and assisting with daily needs, according to court filings.

“Mr. Liu is not a threat to society, and a long prison term is unnecessary for deterrence,” Cole contended.

The case against Liu and Dong has been ongoing for years. In 2015, federal authorities conducted searches at over a dozen residences across Southern California as part of a crackdown on “birth tourism” operators and four years later charged the couple along with more than a dozen others, including a woman who pleaded guilty and received a 10-month prison sentence for a company named You Win USA.

Such enterprises have a history of operating in California and other states, catering not just to clients from China but also from Russia, Nigeria, and other nations. While it is not illegal to enter the United States while pregnant, it is unlawful to mislead U.S. consular and immigration officials regarding the purpose of travel on government documents.

The primary attraction for travelers has been the U.S. policy of birthright citizenship, which many believe enhances their children’s prospects for U.S. higher education and acts as a form of future security—especially since tourists can apply for permanent residency once their American-born child reaches 21.

President-elect Donald Trump has vowed to end birthright citizenship once in office, but any such initiative would likely encounter significant legal challenges.

By Amy Taxin