The contentious issue of birthright citizenship has once again been thrust into the national spotlight, as a California woman was sentenced to 41 months in prison for her role in helping pregnant Chinese women travel to the United States to give birth. The case, and the renewed focus on so-called “birth tourism,” comes as former President Donald Trump has returned to the White House with promises to crack down on the practice.
Birth Tourism Schemes Under Scrutiny
Phoebe Dong, along with her now estranged husband Michael Liu, ran a company called USA Happy Baby that prosecutors say helped over 100 Chinese women enter the US to deliver babies who would automatically be granted American citizenship under the 14th Amendment. The pair allegedly coached the women on how to deceive customs officials and charged tens of thousands of dollars for their services.
While Dong expressed remorse in court, recounting her own difficulties growing up under China’s former one-child policy, Judge R. Gary Klausner was unmoved, sentencing her to immediate custody. Liu had previously been sentenced to an identical 41-month term in December.
The case is part of a broader crackdown on birth tourism businesses that began under the Obama administration and has continued through subsequent presidencies. Several other operators have been charged in recent years, with destinations like California and other states being popular for well-to-do foreign nationals, particularly from China, Russia, and Nigeria.
The Lure of Birthright Citizenship
The primary draw for birth tourists is the 14th Amendment’s provision that any child born on US soil is automatically a citizen, regardless of the parents’ nationality or immigration status. Many of those engaging in the practice believe American citizenship will afford their children access to better education and economic opportunities, as well as an expedited path for the parents themselves to eventually obtain permanent residency once the child turns 21.
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 US college education and provide hope for their futures – especially since the tourists themselves can apply for permanent residency once their American child turns 21.
While it is legal for pregnant women to enter the United States, lying about the purpose of the visit is considered visa fraud. But without comprehensive reform to birthright citizenship itself, there is little authorities can do to stem the tide beyond targeting the most brazen commercial operators who leave a money trail.
Trump Reignites Birthright Citizenship Debate
Enter Donald Trump. The former and once again president made opposition to birthright citizenship a key plank of his campaign and first term, at one point even floating the idea of ending it by executive order. While that effort was stymied, Trump has wasted no time in putting the issue back on the front burner now that he has returned to the Oval Office.
Last week, Trump issued a new executive order aiming to drastically narrow the scope of birthright citizenship, only to see it immediately blocked by a federal judge who decried it as “blatantly unconstitutional.” The order had drawn opposition from the attorneys general of 22 states.
Still, the move signals that Trump is determined to keep pushing the boundaries on the issue, forcing a confrontation on a practice that has been a bedrock principle of American law for over 150 years. Critics argue that birthright citizenship is an anachronism enabling the gaming of the immigration system, while supporters see it as an essential pillar of an open, pluralistic society.
An Intractable Conflict
Caught in the middle are scores of families, often of means, who see giving birth in the US as the best way to secure a brighter future for their children. While cases like Dong’s shine an unflattering light on the most commercial elements of the cottage industry that has sprung up to serve them, the larger ethical and legal dilemma shows no signs of resolving anytime soon.
For every operator that is busted, others quickly rise to take their place. And without a Supreme Court willing to revisit its longstanding interpretation of the 14th Amendment or a Constitutional overhaul to change it – both highly unlikely scenarios – birthright citizenship is almost certain to remain the law of the land, and a political flashpoint, for the foreseeable future. The only question is how aggressively the government will work to curtail it around the margins.
As for Dong, she now faces an uncertain future, separated from her own young children while serving out a sentence that speaks to how seriously some in law enforcement continue to take the issue. But in the end, she is just one bit player in a much larger drama – the latest face of a conflict as intractable and quintessentially American as any that the country’s judicial and political systems are grappling with today.
The case is part of a broader crackdown on birth tourism businesses that began under the Obama administration and has continued through subsequent presidencies. Several other operators have been charged in recent years, with destinations like California and other states being popular for well-to-do foreign nationals, particularly from China, Russia, and Nigeria.
The Lure of Birthright Citizenship
The primary draw for birth tourists is the 14th Amendment’s provision that any child born on US soil is automatically a citizen, regardless of the parents’ nationality or immigration status. Many of those engaging in the practice believe American citizenship will afford their children access to better education and economic opportunities, as well as an expedited path for the parents themselves to eventually obtain permanent residency once the child turns 21.
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 US college education and provide hope for their futures – especially since the tourists themselves can apply for permanent residency once their American child turns 21.
While it is legal for pregnant women to enter the United States, lying about the purpose of the visit is considered visa fraud. But without comprehensive reform to birthright citizenship itself, there is little authorities can do to stem the tide beyond targeting the most brazen commercial operators who leave a money trail.
Trump Reignites Birthright Citizenship Debate
Enter Donald Trump. The former and once again president made opposition to birthright citizenship a key plank of his campaign and first term, at one point even floating the idea of ending it by executive order. While that effort was stymied, Trump has wasted no time in putting the issue back on the front burner now that he has returned to the Oval Office.
Last week, Trump issued a new executive order aiming to drastically narrow the scope of birthright citizenship, only to see it immediately blocked by a federal judge who decried it as “blatantly unconstitutional.” The order had drawn opposition from the attorneys general of 22 states.
Still, the move signals that Trump is determined to keep pushing the boundaries on the issue, forcing a confrontation on a practice that has been a bedrock principle of American law for over 150 years. Critics argue that birthright citizenship is an anachronism enabling the gaming of the immigration system, while supporters see it as an essential pillar of an open, pluralistic society.
An Intractable Conflict
Caught in the middle are scores of families, often of means, who see giving birth in the US as the best way to secure a brighter future for their children. While cases like Dong’s shine an unflattering light on the most commercial elements of the cottage industry that has sprung up to serve them, the larger ethical and legal dilemma shows no signs of resolving anytime soon.
For every operator that is busted, others quickly rise to take their place. And without a Supreme Court willing to revisit its longstanding interpretation of the 14th Amendment or a Constitutional overhaul to change it – both highly unlikely scenarios – birthright citizenship is almost certain to remain the law of the land, and a political flashpoint, for the foreseeable future. The only question is how aggressively the government will work to curtail it around the margins.
As for Dong, she now faces an uncertain future, separated from her own young children while serving out a sentence that speaks to how seriously some in law enforcement continue to take the issue. But in the end, she is just one bit player in a much larger drama – the latest face of a conflict as intractable and quintessentially American as any that the country’s judicial and political systems are grappling with today.
