Friday, November 6, 2015

'Birth tourism' investigation: Expectant moms from China not backing down, still want U.S. babies


Federal agents enter an apartment complex suspected of catering to maternity tourism travelers.

'Birth tourism' investigation: 


Expectant moms from China not 


backing down, still want U.S. 


babies




Most, if not all, of the women at the center of a suspected birth tourism operation in Irvine, who traveled from China to give birth to American babies, are sticking with their plan. They won’t go back home until their babies are born.

They have hired attorneys. Their husbands or other family members have flown in. And while they are preparing to leave the Irvine apartment complex where they were staying, they’re looking for new places in Southern California to hunker down during their pregnancies.

Meanwhile, the government is looking to build a case against the company that brought the women to Orange County, along with two similar companies operating in Los Angeles and San Bernardino counties that specialize in a practice dubbed birth tourism.

In court hearings this week, four of the Chinese visitors in Orange County and 24 in Riverside were designated as material witnesses, meaning they are temporarily required to remain in the country, said Thom Mrozek, public affairs officer for the U.S. Attorney’s Office in L.A.

Homeland Security Investigations agents accuse the operators of three birth tourism companies of various crimes, including visa fraud, tax evasion, money laundering and conspiracy.

The government is targeting the companies and not the pregnant women.

No charges have been filed against any of the companies: You Win USA Vacation Resort, USA Happy Baby Inc. and Star Baby Care. The companies have been unavailable for comment.

SCARY MORNING 

For the women, their world turned upside down early on the morning of March 3.

That’s when agents from local and federal agencies pounded on their doors to serve search warrants at three dozen apartments and houses in Irvine, Mission Viejo, Rancho Cucamonga, Rowland Heights and Walnut.

In Orange County, 12 of the units searched are at the Carlyle at Colton Plaza in Irvine, near the airport and across the street from an office belonging to U.S. Immigration and Customs Enforcement.

Irvine attorney Ken Z. Liang, who represents seven of the women at the Carlyle, called the scene “discombobulated.”

“Everything was in a state of stress and disarray,” Liang said.

“Most mothers went to this location because You Win advertised the pregnancy center as an enclosed place (and) extremely safe,” Liang said. “They were expecting a lot of peace and quiet.”

Since the raid, some of the pregnant women have left the Carlyle and others are looking for new places to stay, Liang said.

During a visit to the apartments this week, You Win nannies in pastel-toned clothing could be seen caring for babies, while other staff members delivered food to apartments. Several families were readying to move. Liang said family members have flown in from China to help the women.

“All the families I talked with have accepted their current predicament, but they are angry at You Win pregnancy center for telling them their operation was completely legal. And all the individuals paid a premium to be at this so-called legal, seven-star pregnancy center.”

The women paid $40,000 to $60,000 to You Win for the accommodations and services, which include meals, transportation and outings. That fee did not include medical and hospital bills, Liang said.

You Win operators are working to accommodate their current clientele by offering pro-rated refunds and renegotiating its contract with the Carlyle, Liang said. Some of the women are getting eviction notices because You Win had not paid this month’s rent, he said.

LEGAL QUESTIONS 

Federal investigators said the maternity companies coached the women on what to wear and what to say to avoid being singled out for their pregnancies as they entered the country. In one case, an employee made up employment and income information for a client who turned out to be an undercover federal agent, according to court documents.

Liang acknowledged that You Win advised women to wear loose clothing. But he said his clients did nothing illegal and they confirmed their pregnancies when asked. “The pregnancy center told them, if anyone asks you about your pregnancy you have to be honest.”

It is not illegal for a foreigner to give birth in the United States. U.S. law does prohibit issuing a non-immigrant visa to anyone who is likely to become a public charge to the state, including those who might require medical care.

Customs and Border Patrol agents who question pregnant visitors upon arrival would take into consideration the due date of a pregnancy, how long the tourist plans to stay in the country and whether she has proof that she can pay for the medical care. Entry is allowed or denied at the discretion of the admitting officer, according to the Department of Homeland Security.

Immigration officials also pointed out that lying on a visa application is illegal.

Liang said the women had two options on their applications: business or pleasure. The women said they were traveling for pleasure.

During interviews at the U.S. Embassy in China and at their port of entry, a few were asked if they were pregnant and they said yes, according to Liang. They were not denied entry.

In court documents, federal agents said many of the women went through vacation destinations to avoid greater scrutiny at Los Angeles International Airport. Liang said his clients came through Hawaii first because they wanted to vacation there.

The attorney also responded to government accusations that some women leave the country without paying their medical bills. He said his clients get a price reduction from doctors and hospitals because they pay in full.

Several of his clients, he said, are here to have a second child, which is difficult in China.

Liang said he asked his new clients why they came to the United States. “They say America is the strongest nation on this planet and the fairest.”

CONTROVERSIAL VISITORS 

The raids elicited numerous tips about other suspected similar operations, and officials said they are looking into them, as resources allow.

One group, the Orange Club Political Action Committee, urged the federal government to protect the rights of the pregnant women and newborns.

“We’re not against cracking down on illegal activities, but we think this was way out of proportion,” said Alex Chen, president of the group that advocates for Chinese Americans.

The government should allocate resources instead to addressing the bigger issue of illegal immigration and the estimated 11.5 million people residing in the United States without permission, he said.

An ICE spokeswoman said: “Any scenario that involves the subversion of the visa application process poses a potential security vulnerability and demands further scrutiny.”

Meanwhile, Liang said his clients should be welcome here.

“We shouldn’t be ashamed to have these people here. We fashion democracy and hospitality and perhaps the next export of American culture is a little baby that is born here.”

Contact the writer: 714-796-7829 or rkopetman@ocregister.com
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