LOS ANGELES—A California woman was sentenced Monday to more than 3 years in prison in a long-running case over a business that helped pregnant Chinese women travel to the United States to deliver babies who automatically became American citizens.
U.S. District Judge R. Gary Klausner gave Phoebe Dong a 41-month sentence. Dong and her husband were convicted in September of conspiracy and money laundering through their company, USA Happy Baby.
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 federal court in Los Angeles that the Chinese regime forced her mother to have an abortion.
Federal prosecutors argued that Dong and her now-separated husband Michael Liu helped more than 100 pregnant Chinese women travel to the United States. Authorities said the pair coached women on how to trick customs officials by flying into airports believed to be more lax while wearing loose-fitting clothing to hide their pregnancies.
“For tens of thousands of dollars each, defendant helped her numerous customers deceive U.S. authorities and buy U.S. 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 was 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.
U.S. District Judge R. Gary 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 Monday that Dong will appeal.
Birthright citizenship has been thrust into the spotlight in the United States with the return of President Donald Trump to the White House. Trump last week 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 U.S. 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 U.S. consular and immigration officials about the reasons for doing so isn’t permitted.
The USA Happy Baby case was part of a broader probe into businesses helping Chinese women travel to give birth in California. The operator of another business is believed to have fled to China, McNicholas said in court filings. A third 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.”
By Amy Taxin