A US immigration judge has granted asylum to Guan Heng, a Chinese national, citing a “well-founded fear” of persecution if he were returned to china. Guan’s case follows his efforts to document alleged Human Rights abuses against Uyghurs in the Xinjiang region.
Guan, 38, entered the United States illegally in 2021 and filed for asylum. During the Trump administration’s broad deportation initiative, he was apprehended in August last year as part of an Immigration Enforcement operation. However, public outcry and attention on Capitol Hill prompted the Department of Homeland Security (DHS) to abandon an earlier plan to deport him to Uganda in December.
This ruling is notable in the current immigration climate. Since Donald Trump’s return to office, favorable asylum outcomes have become increasingly rare. Data compiled by the US non-profit Mobile Pathways shows that asylum approval rates dropped from 28% between 2010–2024 to just 10% in 2025.
Guan was not immediately released after the ruling, as DHS retains the right to appeal. Judge Charles Ouslander urged the agency to make a prompt decision, noting that Guan had already been detained for approximately five months, even though DHS has a 30-day window to file an appeal.
Guan Heng’s Documentation of Xinjiang Detention Facilities
In 2020, Guan covertly recorded detention facilities in Xinjiang, adding to mounting evidence of alleged human rights abuses in the region. Activists claim that up to one million ethnic minorities, particularly Uyghurs, have been incarcerated in these facilities. During the asylum hearing in Napanoch, New York, Guan denied that recording the footage was a strategic move to strengthen his asylum claim.
“I sympathised with the Uyghurs who were persecuted,” Guan told the court via video link from the Broome County Correctional Facility, speaking through a translator.
Guan explained to the Associated Press that he had to leave China to safely release the footage. He first traveled to Hong Kong, then Ecuador, followed by the Bahamas, before finally arriving in Florida by boat in October 2021. Much of the video material had already been posted on YouTube prior to his US entry.
He recounted the perilous journey, saying he did not know whether he would survive the boat trip but wanted to ensure that the videos would reach the public. After the footage was released, Chinese authorities reportedly questioned his father three times to investigate Guan’s whereabouts and activities.
Chinese Government Response
The Chinese government has consistently denied claims of human rights abuses in Xinjiang. Officials describe the facilities as vocational training centers designed to equip local residents with employable skills while countering extremist ideologies. Beijing has also been criticized for silencing dissent through coercive measures.
Legal and Moral Implications
Guan’s attorney, Chen Chuangchuang, argued in court that his case exemplifies the moral and legal purpose of the US asylum system. “This is a textbook example of why asylum should exist,” Chen stated, emphasizing the United States’ responsibility to protect individuals fleeing persecution.
Judge Ouslander ruled that Guan was a credible witness and had satisfied the legal criteria for asylum. The judge affirmed that Guan’s fears of retaliation were well-founded, noting that Chinese authorities had investigated his family and monitored his past activities.
This case underscores the ongoing scrutiny of human rights violations in Xinjiang and highlights the role of the US asylum system in offering protection to individuals who document state-perpetrated abuses.
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