The Texas Attorney General’s Office filed a lawsuit against a Houston “birth tourism” center doing business under the name De’Ai Postpartum Care Center. Paxton alleges the center unlawfully facilitates the entry of Chinese nationals to the United States for the sole purpose of birthing children to obtain United States citizenship.
As the Supreme Court considers the constitutionality of birthright citizenship for those born to mothers who have minimal ties to the United States, including those who enter the country unlawfully, the Attorney General’s lawsuit challenges the legality of the clinic, citing immigration law violations and violations of Texas law.
Attorney General Ken Paxton announced the legal action against the clinic and its operators on Wednesday in a news release that likens the actions of the operation to “exploiting birthright citizenship by unlawfully facilitating the invasion of Chinese nationals into Texas for the sole purpose of giving birth.”
The lawsuit was filed in Fort Bend County on the same day and includes Lin Suling and Lai Wan Lin-Chan as defendants. The petition and application for a temporary injunction allege that the center is violating the Texas Deceptive Trade Practices Act and other sections of the Texas Penal Code by advising foreign Chinese customers to misrepresent their travel purposes to U.S. authorities to facilitate travel visas necessary for entry into the United States.
Paxton alleges the center has operated a dangerous, illegal, and dishonest “birth tourism” business solely to facilitate the granting of birthright citizenship to their newborns after delivery. According to Paxton, the defendants boast they have facilitated the birth of more than 1,000 American-born babies.
The lawsuit alleges the practice is a far cry from the terms applicable to tourist visas, reading, “But this is not tourism. Tourist visas cannot be issued for this purpose. This is an unlawful scheme that perpetuates fraud on the government and violates Texas law.”
As evidence of the intent to mislead consular authorities to receive the tourist visas, the lawsuit cites a recent social media video post warning of the heightened enforcement posture relating to birth tourism reading, “Indeed, just last week, Defendants posted a video to TikTok acknowledging that the federal government is “strictly” policing birth tourism and alerting Chinese women that “applying after pregnancy can easily lead to refusal.” To overcome this prohibition, and avoid detection, Defendants recommended that women apply for their tourist visas “before pregnancy.”
Paxton’s lawsuit alleges the operation began in 2008 at a single Fort Bend County property that was processing up to five newborn deliveries per day. The operation has allegedly grown to include four residential properties used to house expectant mothers during the birthing period. The center is now believed to be capable of facilitating up to 20 new births per day. The center uses social media platforms in China to reach customers, according to the lawsuit.
The birthing center at the heart of the lawsuit is alleged to perform a host of additional services beyond the delivery of newborns; namely, the lawsuit charges the defendants with “to coach expectant families through the visa process,” including preparing applications and preparing for interviews with U.S. Consulate officials in China. After delivery, the center promises to handle all necessary legal processes for the issuance of birth certificates, Social Security numbers, U.S. passports, and travel documents,” as per court documents.
Paxton is seeking a permanent injunction to compel the center to cease operations in Texas and a civil penalty in favor of the State, not to exceed $10,000 for each violation of the Deceptive Trade Practices Act.
Randy Clark is a 32-year veteran of the United States Border Patrol. Before his retirement, he served as the Division Chief for Law Enforcement Operations, directing operations for nine Border Patrol Stations within the Del Rio, Texas, Sector. Follow him on X (formerly Twitter) @RandyClarkBBTX.