California Man Sentenced Over Major Chinese Birth Tourism Scheme
Chao Chen, a man from Southern California, has been sentenced to 37 months in federal prison for orchestrating a massive birth tourism operation. He provided services to well-off pregnant Chinese women seeking to give birth in the United States, thereby securing American citizenship for their newborns. This illicit business offered a variety of ‘maternity hotel’ packages costing up to $100,000, according to the U.S. Attorney’s Office.
The sentence was handed down by U.S. District Judge James V. Selna who found Chen guilty of visa fraud, marriage fraud, and filing false tax returns. Chen’s elaborate scheme, which involved multiple accomplices, is believed to have resulted in hundreds of fraudulent U.S. citizenships over several years. The case shines a spotlight on birth tourism, a controversial, yet legal practice that has been exploited for fraudulent purposes.
A Lucrative, Multi-faceted Scheme
Chen’s scheme was multi-faceted and lucrative. The women, who paid tens of thousands of dollars, were coached on how to pass U.S. Consulate interviews in China, hide their pregnancies while traveling to the U.S., and even how to enjoy their stay in America without raising suspicions. Chen would then arrange for them to stay in ‘maternity hotels’ or apartments in Irvine, California, where they would give birth, thereby ensuring their children were U.S. citizens by birth. 
The scheme did not stop at coaching and accommodation. Chen also arranged sham marriages for his clients to help them evade immigration laws. He would find U.S. citizens willing to enter into fraudulent marriages with his clients for financial gain. This allowed the women to apply for legal permanent resident status following the birth of their children.
The Fallout of Chen’s Operation
Chen’s operation, which ran from 2013 to 2015, was eventually exposed by Homeland Security Investigations (HSI) and the Internal Revenue Service (IRS). In 2015, federal agents raided several locations in Southern California, including Chen’s home and the apartments where his clients stayed. This was the first major federal crackdown on birth tourism in the United States.
The investigation also revealed that Chen had failed to report his illicit income to the IRS. He had not filed a tax return since 2010, and when he did file in 2012, he reported a meager income of $13,000. In contrast, the investigation revealed that Chen’s operation brought in millions of dollars in unreported income.
The Controversial Practice of Birth Tourism
Birth tourism is a controversial practice that involves foreigners traveling to the U.S. for the specific purpose of giving birth, thereby securing U.S. citizenship for their newborns. While it is not illegal for a foreigner to give birth in the U.S., fraudulently obtaining a visa for this purpose is illegal.
The U.S. is one of the few countries in the world that grants citizenship to anyone born on its soil, regardless of the parents’ nationality. This practice, known as jus soli, has been a topic of debate for many years. Critics argue that it is exploited by wealthy foreigners who can afford to pay for a trip to the U.S. to give birth, thus securing the myriad benefits of U.S. citizenship for their children.
The case of Chao Chen brings this debate into sharp relief. While Chen’s scheme was clearly illegal, it underscores the broader issues surrounding birth tourism. As the U.S. grapples with this issue, it will need to carefully balance the rights of children born on its soil with the need to prevent immigration fraud.
