Feds bring first-ever charges against 'birth tourism' scheme

redleghunter

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Federal prosecutors announced an indictment Thursday against 19 people accused of running “birth tourism” operations in Southern California that helped thousands of pregnant Chinese women visit the U.S. just in time to give birth — thus securing American citizenship for their children.

The Justice Department said it’s the first time the government has brought charges against such a business.

Women were charged up to $100,000, were arranged visitor visas, then kept in apartments here in order to give birth. Under U.S. birthright policy almost anyone born on American soil — no matter if it’s to an illegal immigrant, a legal visitor or a citizen — is automatically an American citizen.

More at link:
China ‘birth tourism’ operation prompts federal charges

Close the loop.
 

tulc

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Yeah, because we should always strip rights away because some people do something we don't like with them, right? Huh...wait...does that mean we should get rid of guns because some people use them for wrong things? To be honest I think guns cause more trouble then "birth tourism" does, maybe we should deal with those rights first? :wave:
tulc(just a thought) ;)
 
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tulc

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I don't think this is what was intended when the 14th amendment was passed in 1866....in fact I have no doubt they would be shocked at the interpretation of it now.
uhmmm...:
Fourteenth Amendment to the United States Constitution - Wikipedia
14th Amendment said:
(section 1) All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
it seems pretty straight forward to me. :wave:
tulc(will just leave this here) :)
 
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HTacianas

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Federal prosecutors announced an indictment Thursday against 19 people accused of running “birth tourism” operations in Southern California that helped thousands of pregnant Chinese women visit the U.S. just in time to give birth — thus securing American citizenship for their children.

The Justice Department said it’s the first time the government has brought charges against such a business.

Women were charged up to $100,000, were arranged visitor visas, then kept in apartments here in order to give birth. Under U.S. birthright policy almost anyone born on American soil — no matter if it’s to an illegal immigrant, a legal visitor or a citizen — is automatically an American citizen.

More at link:
China ‘birth tourism’ operation prompts federal charges

Close the loop.

I can't imagine what they are charging these people with, other than perhaps lying on a visa application. According to the story some of the women stated on their application that they would only be here for "a Few Weeks", when they intended to stay a few months.

Other than that, this all seems to be perfectly legal.
 
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redleghunter

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I can't imagine what they are charging these people with, other than perhaps lying on a visa application. According to the story some of the women stated on their application that they would only be here for "a Few Weeks", when they intended to stay a few months.

Other than that, this all seems to be perfectly legal.
They may have loads of circumstantial evidence. Many women through this one agency all overstaying the allotted visa time stated and pregnant.

What a coincidence! :)
 
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Arcangl86

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I can't imagine what they are charging these people with, other than perhaps lying on a visa application. According to the story some of the women stated on their application that they would only be here for "a Few Weeks", when they intended to stay a few months.

Other than that, this all seems to be perfectly legal.
Visa fraud is my understanding. These women are coming her for a specific reason (one which would have been denied) and claimed they were coming for something else.
 
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HTacianas

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They may have loads of circumstantial evidence. Many women through this one agency all overstaying the allotted visa time stated and pregnant.

What a coincidence! :)

In order to charge someone with a crime, government has to show that a law has been violated. As far as I know there is no law prohibiting a pregnant woman from entering the United States, and even giving birth while she is here. What law are they being charged under?

If it is lying on their visa application this represents a "chipping away" at the fringes of birth tourism rather than dealing with it head on. I have always been against that sort of chipping away at the outside of an issue. As if government is saying "we know you didn't violate any laws so we're going to find some law you've violated".
 
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HTacianas

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Visa fraud is my understanding. These women are coming her for a specific reason (one which would have been denied) and claimed they were coming for something else.

I don't know that there is any law prohibiting a pregnant woman from entering the US. If there is there is, I'm just not familiar with it.
 
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redleghunter

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In order to charge someone with a crime, government has to show that a law has been violated. As far as I know there is no law prohibiting a pregnant woman from entering the United States, and even giving birth while she is here. What law are they being charged under?

If it is lying on their visa application this represents a "chipping away" at the fringes of birth tourism rather than dealing with it head on. I have always been against that sort of chipping away at the outside of an issue. As if government is saying "we know you didn't violate any laws so we're going to find some law you've violated".
The article states it’s the agency brining them here which is in question.
 
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redleghunter

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I don't know that there is any law prohibiting a pregnant woman from entering the US. If there is there is, I'm just not familiar with it.
No but there is obviously something suspicious about an agency charging these women $100,000 to arrange the visa specifically for pregnant women who in some cases remain after the stated duration of the visa.
 
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HTacianas

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The article states it’s the agency brining them here which is in question.

There is no law prohibiting an "agency" from arranging entry into the US. Regardless of the reason for coming. If the agency is encouraging people to lie on their visa applications that's one thing, but it simply isn't illegal for a pregnant woman to enter the US.

I cannot find the indictment against the agencies so I have no idea what they might be charged with.
 
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redleghunter

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There is no law prohibiting an "agency" from arranging entry into the US. Regardless of the reason for coming. If the agency is encouraging people to lie on their visa applications that's one thing, but it simply isn't illegal for a pregnant woman to enter the US.

I cannot find the indictment against the agencies so I have no idea what they might be charged with.
Charging these women who are all pregnant $100K is a standard fee for an agency to arrange a visa?
 
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HTacianas

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No but there is obviously something suspicious about an agency charging these women $100,000 to arrange the visa specifically for pregnant women who in some cases remain after the stated duration of the visa.

Something being "suspicious" does not make it illegal. It is obvious that these agencies are facilitating birth in the US by foreign citizens but that is not illegal. If there is no specific law prohibiting it a person can't be charged with a crime for doing it.
 
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HTacianas

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Charging these women who are all pregnant $100K is a standard fee for an agency to arrange a visa?

They can charge anyone whatever the rate they are willing to pay. There is no law against it. Unless there is some law prohibiting a pregnant woman from entering the country (which there isn't) this is all perfectly legal.
 
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redleghunter

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They can charge anyone whatever the rate they are willing to pay. There is no law against it. Unless there is some law prohibiting a pregnant woman from entering the country (which there isn't) this is all perfectly legal.
They are getting them as running a scam. From the article:

“The scam operators advertised their businesses in China, saying the U.S. had better air, better jobs, better schools and “the most attractive nationality,” prosecutors said.

Chinese government officials were among the clients, prosecutors said.

Some of the Chinese scammers even skipped out on their medical bills, according to the indictments unsealed Thursday.


“America’s way of life is not for sale,” said Joseph Macias, special agent in charge of Homeland Security Investigations Los Angeles.”
 
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redleghunter

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More:

“Three separate birth tourism operations were snared in the new indictments.

They claimed to have facilitated some 8,500 cases over the years, according to prosecutors. Most were Chinese, but women from Taiwan were also customers.

Authorities say the operations, which called themselves “birthing” houses, were dismantled in 2015 and were quite lucrative. One operation collected $3 million in money wired from China to the U.S. in a two-year period.”
 
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