The Department of Justice is directing federal prosecutors across the country to step up investigations and prosecutions of so-called birth tourism schemes, arguing that the practice exploits the U.S. immigration system and often involves visa fraud and other federal crimes.
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The Department of Justice (DOJ) is directing federal prosecutors across the country to step up investigations and prosecutions of so-called birth tourism schemes, arguing that the practice exploits the U.S. immigration system and often involves visa fraud and other federal crimes.
In a memo sent out Tuesday, Deputy Attorney General Colin McDonald ordered federal prosecutors across the country to team up with Homeland Security and make these cases a priority. Officials say foreign nationals are lying on visa applications or misleading border agents about why they are traveling to the U.S., all so they can give birth here and automatically secure American citizenship for their children.
But prosecutors are not just looking at visa fraud anymore. McDonald orders them to go after these networks for bigger charges if the evidence is there, including money laundering, identity theft, and wire or health care fraud.
The memo points to several recent prosecutions. Two years ago, Michael Wei Yueh Liu and Jing Dong were each hit with a 41-month prison sentence. They ran a California-based company called “USA Happy Baby Inc.,” which helped Chinese clients secure fake visas, hide their pregnancies from border agents, and set up housing in the U.S.
The directive also points to a 2022 case in New York. Ibrahim Aksakal got 27 months behind bars for running a birth tourism ring that targeted Turkish speakers. Prosecutors say his operation gave pregnant women a script on how to bypass immigration officials.
On top of the prison time, Aksakal had to hand over nearly $400,000 and pay more than a million dollars in restitution. The memo also points back to a 2020 case involving a man named Chao “Edwin” Chen. He got about three years in prison for running a massive birth tourism business called “You Win USA.”
According to the DOJ, Chen was charging clients anywhere from $40,000 to $80,000, and coaching them on how to lie to U.S. officials about why they were visiting.
McDonald said the DOJ will continue pursuing both the people who take part in these schemes and those who organize and profit from them. The Executive Office for United States Attorneys will also provide additional guidance and resources to help prosecutors identify and handle birth tourism cases.
