Chinese man who exposed rights abuses against Uyghurs granted asylum to live in US

In an increasingly rare victory for asylum seekers under the current administration, a US immigration judge has ruled that a Chinese whistleblower has a “well-founded fear” of persecution and is legally entitled to stay in the United States.

Guan Heng, 38, has spent the last five months in custody after being swept up in an August enforcement operation, part of President Donald Trump’s intensified mass deportation campaign. Despite the ruling, Guan remains detained at the Broome County Correctional Facility as the government considers an appeal.

A journey from Xinjiang to Florida

Guan’s legal battle stems from his 2020 decision to secretly film detention facilities in Xinjiang. His footage added to the international evidence of widespread human rights abuses in a region where up to 1 million ethnic minorities, primarily Uyghurs, are believed to be detained.

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Realising he could not safely publish the footage from within China, Guan travelled a circuitous route through Hong Kong, Ecuador, and the Bahamas. He released the videos on YouTube shortly before crossing to Florida by boat in October 2021.

“I sympathized with the Uyghurs who were persecuted,” Guan told the court through a translator, speaking via video link. Addressing concerns that the filming was a ploy to secure residency, he stated, “I didn’t know whether I would survive the boat trip,” and explained his primary goal was ensuring the evidence reached the public.

Diplomatic tensions and policy shifts

The case took several unusual turns before reaching Judge Charles Ouslander’s courtroom in Napanoch, New York. In late 2025, the Department of Homeland Security (DHS) reportedly attempted to deport Guan to Uganda. The plan was scrapped in December following a bipartisan outcry on Capitol Hill regarding the safety of a high-profile whistleblower.

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The Chinese government has consistently denied the allegations of abuse in Xinjiang, characterising the facilities as vocational training centres. However, Judge Ouslander found Guan to be a “credible witness,” noting that Chinese police had already questioned Guan’s father three times following the release of the videos.

Guan’s attorney, Chen Chuangchuang, characterised the ruling as a victory for the core principles of the US asylum system. “This is a textbook example of why asylum should exist,” Chen said, arguing the US holds a “moral and legal responsibility” to protect those fleeing retaliation for exposing state-sponsored abuses.

Asylum approval rates plummet

Guan’s success comes at a time when the path to asylum in the US has narrowed significantly. According to federal data compiled by the nonprofit Mobile Pathways, the asylum approval rate plummeted to 10 per cent in 2025.

This represents a sharp departure from the historical average of 28 per cent seen between 2010 and 2024. The shift reflects the broader impact of the second Trump administration’s immigration policies, which have prioritised rapid removals and increased the burden of proof for applicants.

The 30-day window

While the judge urged a swift resolution to the case, citing Guan’s five-month detention, the DHS lawyer stated the department “reserves the right to appeal.”

The government has 30 days to file its challenge. If no appeal is filed, Guan will finally be released from custody; however, until that deadline passes or a decision is made, the man who risked his life to expose the Xinjiang camps remains behind bars in New York.