Los Angeles
A California lady was sentenced Monday to greater than three years in jail in a long-running case over a enterprise that helped pregnant Chinese women journey to the United States to ship infants who routinely turned American residents.
US District Judge R. Gary Klausner gave Phoebe Dong a 41-month sentence and ordered her instantly taken into custody from his federal court docket in Los Angeles. Dong and her husband had been convicted in September of conspiracy and cash laundering by way of their firm, USA Happy Baby.
The sentencing got here as birthright citizenship has been thrust into the highlight within the US with the return of President Donald Trump to the White House. Since taking workplace, Trump issued an government order to slender the definition of birthright citizenship, a transfer shortly blocked by a federal decide who known as it “blatantly unconstitutional.”
Dong and her husband, Michael Liu, were among more than a dozen people charged in an Obama-era crackdown on so-called “birth tourism” schemes that helped Chinese women disguise their pregnancies whereas touring to the US to give beginning. Such companies have lengthy operated in varied states catering to folks from China, Russia, Nigeria and elsewhere.
Under the 14th Amendment, any child born in the United States is an American citizen. Many have seen these journeys as a approach to assist their kids safe a US faculty schooling and a greater future – particularly because the vacationers themselves can apply for everlasting residency as soon as the kids flip 21.
During her sentencing listening to, Dong wiped away tears as she recalled rising up with out siblings due to China’s strict “one-child ” coverage and advised the court docket that the Chinese authorities compelled her mom to have an abortion. Moving to the US was difficult, she mentioned, however Dong grew hopeful after having kids of her personal and noticed she might assist Chinese women who need to have further kids in California.
“I don’t want to lose my kids,” she advised the court docket. “I hope you can give me fair judgment. I will take all my responsibility.”
Federal prosecutors sought a greater than five-year sentence for Dong and argued that she and Liu helped greater than 100 pregnant Chinese women journey to the US. They mentioned the pair labored with others to coach women on how to trick customs officers by flying into airports believed to be extra lax whereas carrying loose-fitting clothes to disguise 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 mentioned in court docket filings. They declined to remark after the sentencing.
In December, Liu was additionally sentenced to 41 months in jail. Dong’s lawyer, John McNicholas, requested that she be allowed to serve her time period after Liu completes his sentence due to their three kids. The youngest is 13.
Federal prosecutor Kevin Fu agreed to the delay however Klausner refused and had her taken into custody instantly. Dong eliminated a necklace and gave it to a member of the family earlier than she was led away.
The USA Happy Baby case was a part of a broader probe into companies that helped Chinese women journey to give beginning in California. The operator of one other enterprise is believed to have fled to China, McNicholas wrote in court docket filings, whereas another was sentenced in 2019 to 10 months in prison after pleading responsible to conspiracy and visa fraud for operating the corporate often known as “You Win USA.”
McNicholas mentioned he feels Dong was given a for much longer sentence as a result of the federal government and Klausner blame her for the infants that had been born US residents. That, he mentioned, is unrelated to the allegations that she and Liu helped women journey to the United States to give beginning.
“Our position was these children are born in America. They’re citizens,” McNicholas mentioned, including that Dong will attraction. “Implicitly, he’s saying being born here is not enough.”