On Monday, a man from California was sentenced to nearly three and a half years in prison by the U.S. Department of Justice for running an entity that helped Chinese pregnant women come to the U.S. to give birth. These children born in the U.S. will automatically obtain U.S. citizenship.
The U.S. Department of Justice announced on Monday that 59-year-old Michael Wei Yueh Liu, from San Bernardino County, California, was sentenced to 41 months in federal prison by U.S. District Judge R. Gary Klausner for operating a “birth tourism” scheme. The scheme charged Chinese clients tens of thousands of dollars to assist them in giving birth in the U.S. in order for their children to acquire U.S. citizenship.
On September 13th of this year, Liu was found guilty of conspiracy and money laundering for operating the USA Happy Baby maternity center. His wife, 47-year-old Dong Jing (the couple has since separated), was also convicted in relation to the scheme and is expected to be sentenced early next year.
Authorities had sought a sentence of over five years for Liu. In court, Liu requested leniency in order to care for his elderly parents and 13-year-old son who depend on him. During the sentencing hearing, Liu told the court, “I have tried my best to maintain family stability, but my imprisonment will leave them in a more vulnerable position.”
“I am not here to shirk responsibility, but to seek forgiveness,” he said.
Judge Klausner acknowledged that the defendant’s family members are often victims, but emphasized that it is the defendant’s actions that cause harm, not the court’s. Nonetheless, Klausner stated that considering Liu’s family situation, he decided to reduce the sentence.
“These were your choices, not the court’s,” Klausner said.
Following the sentencing, Liu was taken into custody by authorities from the courtroom. He briefly held his wife’s hand while she cried.
According to the Department of Justice news release, from at least January 2012 to March 2015, Liu and Dong operated a maternity center at Rancho Cucamonga and leased an apartment in Southern California to provide short-term housing and other services to pregnant Chinese women traveling to the U.S. to give birth, helping their children gain U.S. citizenship. Typically, these pregnant women would return to China within one or two months after giving birth.
The news release mentioned that services provided by Liu and Dong included assistance in obtaining U.S. visas, customs entry guidance, housing and transportation in the U.S., and helping clients’ children apply for U.S. legal documents, among others. Liu and Dong also advised clients to conceal their pregnancy from immigration authorities.
The Department of Justice stated that typically, these clients would falsely claim on visa applications that they were traveling to the U.S. for tourism, when in fact, they were coming to give birth; they would also falsely state their intended length of stay as only a few days or weeks, while actually staying in the U.S. for several months. The visas would even inaccurately indicate the clients’ intended place of residence, namely the defendant’s “maternity hotel.”
The news release also cited other advice given by Liu, Dong, or their agents to clients, such as suggesting clients fly to destinations like Hawaii before traveling to Los Angeles for more lenient entry ports; wearing loose clothing; and queuing at customs they believed were less strict. They also assisted clients in preparing responses to immigration officers’ questions.
The Department of Justice news release mentioned that Liu and Dong received money from overseas to expand their birth tourism program.
Authorities stated that from 2012 to 2015, the USA Happy Baby maternity center assisted hundreds of women from China in giving birth in the U.S. During their stay in Southern California, these clients paid service fees of up to $40,000.
President-elect Trump promised to end birthright citizenship upon taking office, but any such efforts will face serious legal challenges.