Anchor Baby Fraud Prosecutions
⚖️ Anchor Baby Fraud: Overview
🔹 What Is “Anchor Baby” Fraud?
The term “anchor baby” is often used (sometimes controversially) to describe a child born in the United States to non-citizen parents who seek to gain immigration benefits through the child’s birthright citizenship. While birthright citizenship under the 14th Amendment is legal and automatic for anyone born in the U.S., fraud arises when:
Parents enter the U.S. illegally or under false pretenses to give birth.
Fraudulent documentation (visas, addresses, insurance claims) is used to hide the real purpose of entry.
Organized schemes sell birthright access to foreign clients.
Mothers overstay visas and intentionally conceal pregnancies or plans to give birth in the U.S.
Misuse of public services, like Medicaid or subsidized housing, during birth.
These acts can result in criminal charges for:
Visa fraud (18 U.S.C. § 1546)
Immigration fraud (8 U.S.C. § 1325 or § 1326)
Wire and mail fraud (18 U.S.C. § 1341, § 1343)
Conspiracy (18 U.S.C. § 371)
False statements to federal agencies (18 U.S.C. § 1001)
🧾 Key Case Law Examples
1. United States v. Dongyuan Li (California, 2019)
Facts:
Li operated a birth tourism business that arranged for over 500 Chinese nationals to give birth in the U.S. to obtain citizenship for their children. She advised clients to lie on visa applications and helped them hide their pregnancies.
Charges:
Conspiracy to commit immigration fraud
Visa fraud
Money laundering
Outcome:
Li pleaded guilty and forfeited assets, including luxury properties and over $850,000 in proceeds.
Significance:
One of the largest birth tourism prosecutions in U.S. history. The court emphasized that while the children were U.S. citizens, the fraudulent pathway to that outcome was criminal.
2. United States v. Chao Chen (California, 2020)
Facts:
Chen operated an illegal scheme helping pregnant women from China obtain U.S. visas by coaching them to hide pregnancies and falsifying income and travel details.
Charges:
Visa fraud
Immigration document fraud
Outcome:
Conviction obtained with accompanying asset forfeiture.
Significance:
Reaffirmed that lying on visa applications to gain birthright access constitutes federal immigration fraud.
3. United States v. Lorraine Gillespie (Florida, 2016)
Facts:
Gillespie was involved in arranging fraudulent marriages and phony documents for foreign nationals, including those who had children born in the U.S. and sought green cards through them.
Charges:
Immigration fraud
False statements
Conspiracy
Outcome:
Conviction and prison sentence. Court emphasized abuse of U.S. immigration law using U.S.-born children as a pathway to legalization.
Significance:
Showed how fraudulent use of a child’s citizenship status may involve other criminal tools, like sham marriages.
4. United States v. Ji Wen Wu (New York, 2018)
Facts:
Wu charged women from China up to $50,000 for birth tourism packages, helping them fraudulently obtain tourist visas and advising them on evading detection by immigration officials.
Charges:
Wire fraud
Conspiracy to defraud the United States
Immigration violations
Outcome:
Plea agreement with significant restitution and forfeiture.
Significance:
Court noted that while having a baby in the U.S. is not illegal, lying to the government and running organized fraud is.
5. United States v. Shamsuzzoha Chowdhury (New Jersey, 2014)
Facts:
Chowdhury entered into a sham marriage and falsely claimed his U.S.-born child as a basis for adjusting status.
Charges:
Visa fraud
False statements
Conspiracy
Outcome:
Conviction, with findings of deliberate misrepresentation to obtain legal status.
Significance:
This case illustrated the use of both family-based immigration fraud and birthright citizenship manipulation.
6. United States v. Kelly Zhang (Nevada, 2021)
Facts:
Zhang facilitated fraudulent travel and housing for Chinese nationals to enter the U.S. and give birth, paying U.S. hospitals with fraudulent Medicaid applications.
Charges:
Healthcare fraud
Conspiracy
Immigration violations
Outcome:
Conviction with federal prison sentence and deportation proceedings for some clients.
Significance:
Highlighted the abuse of U.S. public assistance in anchor baby fraud schemes.
📌 Legal Takeaways
| Legal Issue | Explanation |
|---|---|
| Birth in U.S. = Citizenship | True under 14th Amendment, but the means of arrival can be illegal |
| Visa Misrepresentation | Lying about travel purpose to give birth here = Visa fraud |
| Conspiracy Charges | Organizers can be prosecuted under conspiracy statutes |
| Sham Marriages + Anchor Baby Use | Fraudulent marriages to stay in U.S. post-birth are common prosecution targets |
| Healthcare or Benefit Fraud | Using public services illegally during the birth adds financial fraud charges |
🚨 Important Notes
The child is still a U.S. citizen even if the birth was fraudulently planned.
The parent(s) can be deported, imprisoned, or denied any future legal immigration status.
U.S. policy does not currently prohibit "birth tourism"—only fraudulent methods are prosecuted.
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