Identifying Americans Unjustly Detained in China: Congressional Efforts Intensify
By Christy Lee
Washington — A recent congressional hearing aimed at securing the release of imprisoned Americans in Beijing has shed light on the urgent need for the U.S. government to expand its list of U.S. citizens wrongfully detained in China to prioritize their safe return.
During the hearing, members of Congress and witnesses made a compelling case for the U.S. to broaden its designation of Americans being held unjustly in China. Representative Chris Smith, chair of the Congressional Executive Commission on China, emphasized the importance of including more individuals on this list to ensure their swift repatriation.
China’s opaque justice system and its history of arbitrarily detaining both foreign nationals and its own citizens have raised concerns among human rights advocates and lawmakers. The State Department currently has three Americans officially listed as unjustly detained in China, with Pastor David Lin recently being released by Beijing.
Among the remaining two individuals on the list are Kai Li, a businessman from Long Island convicted of espionage in 2018, and Mark Swidan, a Texas businessman sentenced on drug-related charges in 2019. Both cases have been marred by allegations of lack of due process and questionable evidence.
Despite the official count, human rights organizations estimate a much higher number of U.S. citizens being wrongfully detained in China. Groups like Dui Hua and the James W. Foley Legacy Foundation believe that the actual figure could be as high as 200, including those subjected to exit bans preventing them from leaving the country.
The emotional testimony of Nelson Wells, whose son Nelson Wells, Jr. is currently serving a lengthy prison sentence in China, underscored the urgency of expanding the list of Americans considered unjustly detained. Despite efforts to include his son’s case for review, the State Department has yet to acknowledge him as a victim of wrongful detention.
The Levinson Act, enacted in 2020, provides the legal framework for determining whether a U.S. citizen is being unlawfully detained by a foreign government. The criteria for wrongful detention include factors such as attempts to influence U.S. policy, lack of due process, and targeting individuals based on their American citizenship.
While the State Department holds the ultimate authority to make these determinations, advocates like the Foley Foundation argue that more Americans currently detained in China meet the criteria for wrongful detention as defined by the Levinson Act. They urge the U.S. government to exert pressure on Beijing to secure their release.
The impact of China’s arbitrary detention practices extends beyond individual cases, affecting the country’s reputation and its attractiveness to foreign visitors. Sophie Richardson, a scholar at Stanford University, warns that such practices deter students and business executives from engaging with China due to the risk of being arbitrarily detained.
In response to the escalating tensions, the State Department has issued travel advisories cautioning Americans against visiting China due to the unpredictable enforcement of local laws. The reluctance of high-net worth individuals to remain in China further underscores the need for addressing the issue of wrongful detentions.
Bob Fu, a human rights advocate, believes that sustained international pressure could compel Beijing to release more wrongfully detained Americans. He stresses the importance of continued advocacy at the highest levels of the U.S. government to secure the freedom of those unjustly held in China.
As efforts to identify and seek the release of Americans wrongfully detained in China intensify, the spotlight remains on the State Department’s role in prioritizing the safety and well-being of its citizens abroad. The need for transparency, accountability, and decisive action in addressing these cases is paramount to upholding American values and protecting the rights of individuals unjustly detained.
