A California man was sentenced Monday to nearly 3 1/2 years in prison for running an extensive business that helped pregnant Chinese women travel to the United States to deliver babies who would automatically have American citizenship.
U.S. authorities had sought a five-year prison term for Michael Wei Yueh Liu, who was convicted in September of conspiracy and money laundering for running a company known as USA Happy Baby. Phoebe Dong, who was married to Liu — though the couple have since separated — was also convicted in connection with the scheme and is expected to be sentenced at a later date.
After receiving a 41-month sentence, Liu was led out of the courtroom by authorities and taken into custody. He gave his attorney his belt and a folder and held Dong's hand briefly while she sobbed.
Federal prosecutors declined to comment immediately after Monday's hearing.
U.S. District Judge R. Gary Klausner said he reached the sentence determination by taking into account the convictions and some leniency because of Liu’s responsibility as a caretaker for his older parents and his 13-year-old son.
Authorities said USA Happy Baby helped several hundred women travel from China to give birth to U.S.-citizen babies between 2012 and 2015. The pair charged the tourists as much as $40,000 for services including apartment rentals during their stays in Southern California and worked with overseas entities that coached women on what to say during visa interviews and upon arriving in U.S. airports, advising them to wear loose clothing to hide their pregnancies.
“For tens of thousands of dollars each, defendant helped his numerous customers deceive U.S. authorities and buy U.S. citizenship for their children,” U.S. prosecutors wrote in court papers. “This criminal conduct is serious and requires a meaningful sentence to promote respect for the law and hold defendant accountable.”
Kevin Cole, Liu's attorney, previously said his client should face a sentence of no more than 26 months and requested that he be allowed to serve it from home. Liu, a 59-year-old father of three who was born in Taiwan and graduated college and served in the military there, has no prior criminal record and is the at-home caretaker for his parents, shuttling them to medical appointments, bathing them and cooking their food, Cole said in court filings.
“Mr. Liu poses no threat to society and a lengthy term of imprisonment is unnecessary to deter him,” Cole said.
The case against Liu and Dong dates back years. Federal authorities searched more than a dozen homes across Southern California in a crackdown on “birth tourism” operators in 2015 and four years later charged the pair along with more than a dozen others, including a woman who pleaded guilty and was sentenced to 10 months in prison for running a company known as You Win USA.
Such businesses have long operated in California and other states and have catered to people not only from China, but also from Russia, Nigeria and elsewhere. It isn’t illegal to visit the United States while pregnant, but lying to U.S. consular and immigration officials about the reasons for travel on government documents is not permitted.
The key draw for travelers has been that the United States has birthright citizenship, which many believe could help their children secure a U.S. college education and provide a sort of future insurance policy — especially since the tourists themselves can apply for permanent residency once their American child turns 21.
President-elect Donald Trump has promised to end birthright citizenship once in office, but any such effort would face steep legal hurdles.
