Asylum Fraud by Chinese Illegal Aliens

In 1996 an amendment to the U.S. immigration law was enacted that expanded the definition of persecution to include “…a well founded fear that he or she will be forced to undergo such a procedure [abortion or involuntary sterilization]…” That provision allows Chinese who have entered the U.S. illegally to gain legal status as refugees by arguing they would be subjected to the Chinese law if they were sent back to China. FAIR has consistently criticized that provision on the basis that immigration judges have no reliable means for deciding whether such claims are valid, and, therefore, the provision invites fraudulent claims.

The validity of that concern was proven most recently by the announcement on December 18 of indictments by the federal attorney’s office in New York against 26 people working at 10 law firms They are accused of fabricating false asylum claims for their Chinese clients.

The New York Times story on the indictments and related arrests added that “…the federal indictments only hinted at the pervasiveness of immigration fraud within the Chinese diaspora, experts said.”

About Author


Jack, who joined FAIR’s National Board of Advisors in 2017, is a retired U.S. diplomat with consular experience. He has testified before the U.S. Congress, U.S. Civil Rights Commission, and U.S. Commission on Immigration Reform and has authored studies of immigration issues. His national and international print, TV, and talk radio experience is extensive (including in Spanish).


  1. avatar

    Leave it up to the knuckleheads in Washington to get things messed up with letting the illegals run amok! Deport them and make laws with harsh consequences and then enforcement of the laws is what is needed!

  2. avatar

    Recently, KABC on Los Angeles reported Chinese Nationals coming here to have babies at a “Maternity Hotel” in Chino Hills, CA then going back to China with the baby. The hpurpose is to establish dual citizenship so in the future, they can come to our Universities and bring relatives with them to this country and utilize our social services and grant programs.

  3. avatar

    This is the typical nonsense that gets passed into law. It used to be you had to provide evidence for such a claim, now it’s just your word is accepted. The hotel maid who accused Dominique Strass-Kahn, the director of the International Monetary Fund, of rape was proven to be here on a false asylum claim. And Amadou Diallo, who was shot by New York cops in 1999 because they thought he was pulling a gun, also turned out to be another fake case. That was not even the name he was using, nor was he from the country he claimed he was.

    • avatar

      You forgot to mention “Adelaide Abankwah”. Remember her? She got asylum as a likely victim of female genital mutliation if she were returned to Africa–despite the good judgment of ICE. But Hillary Clinton and Gloria Steinem took her up as a woman’s rights issue. Turned out she wasn’t even Adelaide, but had stolen someone else’s passport and visa.