US Immigration Judge Grants Asylum to Chinese Filmmaker Over Xinjiang Evidence
A United States immigration judge has granted asylum to a Chinese national who documented alleged human rights abuses against Uyghurs in Xinjiang, ruling that he faces a well-founded fear of persecution if returned to China. The decision marks a significant legal victory amid declining asylum approval rates under the current administration.
Filmmaker's Journey and Detention
Guan Heng applied for asylum after arriving in the US illegally in 2021. He had been held in custody since August last year, when he was caught up in an immigration enforcement operation as part of a mass deportation campaign. The Department of Homeland Security initially sought to deport him to Uganda but abandoned the plan in December following public outcry and congressional attention.
During a hearing in Napanoch, New York, Guan testified via video link from the Broome County correctional facility. He explained that his motivation for filming the detention facilities was not to secure asylum but out of sympathy for persecuted Uyghurs. "I sympathised with the Uyghurs who were persecuted," Guan told the court through a translator.
Secret Footage and International Escape
In 2020, Guan secretly filmed detention facilities in Xinjiang, contributing to a growing body of evidence that activists say documents widespread rights abuses in the region. He knew he had to leave China to publish the footage, first travelling to Hong Kong, then to Ecuador—where Chinese tourists could visit visa-free—and onward to the Bahamas.
Guan released most of his video footage on YouTube before undertaking a perilous boat journey to Florida in October 2021. "I didn't know whether I would survive the boat trip and wanted to make sure the footage would be seen," he told the judge. After the video's release, Chinese police questioned his father three times, according to Guan's testimony.
Legal Proceedings and Broader Context
Judge Charles Ouslander found Guan to be a credible witness and established his legal eligibility for asylum, noting the Chinese government's inquiries about his whereabouts and past activities. However, Guan was not immediately released, as the Department of Homeland Security reserved the right to appeal within 30 days.
Guan's lawyer, Chen Chuangchuang, described the case as a "textbook example of why asylum should exist" and argued that the US has both a moral and legal responsibility to protect him. This ruling comes as asylum approval rates have plummeted to 10% in 2025, down from 28% between 2010 and 2024, according to data from the non-profit Mobile Pathways.
Chinese Government's Position
The Chinese government has consistently denied allegations of rights abuses in Xinjiang, stating that it operates vocational training programmes to teach employable skills and combat radicalisation. Authorities have used various coercive measures to suppress dissenting views on the matter.
This case highlights ongoing tensions between the US and China over human rights, immigration, and foreign policy, with Guan's asylum grant underscoring the international scrutiny of Beijing's actions in Xinjiang.
