The state alleges the business spent nearly two decades marketing services to pregnant Chinese nationals, coaching clients on visa applications and immigration procedures. It also alleges the company facilitated travel to Texas "for the sole purpose" of obtaining birthright citizenship for children born in the United States.
The center claimed to have facilitated the birth of "1,000+ American-born babies."
Paxton’s office said the defendants violated the Texas Penal Code, the Texas Deceptive Trade Practices Act, and laws related to governmental records and unlawful harboring and concealment.
“America is for Americans, not foreigners trying to cheat the system to claim citizenship,” Paxton said in a statement announcing the lawsuit on April 29.
“The Center’s scheme not only facilitated an invasion of Texas, but it also involved shielding and facilitating violations of immigration law. Birthright citizenship is a scam that threatens national security, and I will do everything in my power to stop unlawful ‘birth tourism’ schemes like this one,” he said.
Birth tourism refers to the practice of foreign nationals traveling to another country to give birth so their child obtains citizenship there.
“For decades, the Fourteenth Amendment has been incorrectly applied to grant birthright citizenship to almost any child born on United States soil. And, in turn, this misinterpretation has “demean[ed] the priceless and profound gift of American citizenship,” rewarding people for violating the country's immigration laws, the lawsuit states.
The lawsuit alleges that De’ai Postpartum Care Center marketed its services through Chinese social media platforms, including WeChat, TikTok, and Meipian, as well as websites advertising childbirth-related travel packages in Texas. It also alleges that the center promoted housing, transportation, prenatal and postpartum care, assistance in obtaining birth certificates and passports, and coaching with immigration procedures.
"The coaching provided includes encouraging Chinese nationals to enter or remain in the U.S. unlawfully by concealing the fact that the primary purpose of such travel is to give birth. To make matters worse, operators of the Center were aware that U.S. visas are prohibited for birth tourism purposes. In fact, just last week, the Center noted that the federal government is 'strictly' policing birth tourism and recommended that women apply for visas 'before pregnancy' in order to avoid detection," the Attorney General's office said.
Investigators alleged the business operated from at least four Houston-area residential properties in Sugar Land, Houston, Richmond, and Rosenberg, where multiple families were housed simultaneously. It’s estimated that the operation could have accommodated up to 20 births per day.
The state further alleges Vivian Lin falsely represented herself as a licensed "NICU & OB-GYN head nurse." According to the complaint, searches of the Texas Board of Nursing and Texas Medical Board databases did not reveal any active licenses for Vivian Lin, Lai Wan Lin-Chan, Danny Lin, or Lin Suling.
According to the filing, "birth tourism packages can regularly cost expectant families tens of thousands of dollars," but the financial investments in birth tourism can yield significant long-term immigration benefits for families, because U.S.-born children may later petition for permanent residency for their parents and siblings once they turn 21.
Paxton’s office is seeking temporary and permanent injunctions to shut down the operation, civil penalties exceeding $1 million, and attorneys’ fees.