Couple found guilty of running birth Tourism Company for Chinese babies in America

Prosecutors alleged Liu and Dong’s company “USA Happy Baby” helped several hundred birth tourists between 2012 and 2015 and charged as the tourists much as $40,000 for services including apartment rentals during their stays in Southern California. Prosecutors alleged Liu and Dong’s company ‘USA Happy Baby’ helped several hundred birth tourists between 2012 and 2015 (PA Archive)

Prosecutors said the pair worked with overseas entities that coached women on what to say during visa interviews and to authorities upon arriving in U.S. airports and suggested they wear loose clothing to hide pregnancies and take care not to “waddle like a penguin.”

“Their business model always included deceiving U.S. immigration authorities,” federal prosecutor Kevin Fu told jurors during closing arguments.

During the trial, defense attorneys for the couple —who are now separated — said prosecutors failed to link their clients to the women in China and only provided services once they were in the United States. Kevin Cole, an attorney for Liu, said the government failed to prove the case beyond a reasonable doubt or tie his client to communication with the pregnant tourists in China.

John McNicholas, who represented Dong, argued birth tourism is not a crime. He said the women traveled overseas with help from other companies, not his client’s, and that Dong assisted women who would have faced punitive actions under China’s one-child policy had they returned to give birth back home. “It’s an admirable task she is taking on. It shouldn’t be criminalized,” he said.

Birth tourism businesses have long operated in California and other states and have catered to couples not only from China, but Russia, Nigeria and elsewhere. It isn’t illegal to visit the United States while pregnant, but authorities said lying to consular and immigration officials about the reason for travel on government documents is not permitted.

The key draw for travelers has been that the United States offers 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.

Liu and Dong are scheduled to be sentenced on Dec. 9.