In recent years, the troubling trend of wrongful detentions of US citizens abroad has drawn significant attention from human rights organizations and government officials.
Of particular concern is the rise in cases of Americans wrongfully detained in China, which now surpasses that of any other country.
The increasing number of US citizens held under dubious circumstances by Chinese authorities has heightened tensions between Washington and Beijing, creating a serious diplomatic challenge.
This disturbing trend not only highlights the risks faced by Americans in China but also reflects the broader geopolitical complexities between the two bickering global powers.
As China’s government tightens its grip on dissent and continues to exert control over foreign influence within its borders, foreign nationals, including Americans, have increasingly become caught in the crossfire of China’s domestic policies and its strained relations with the US.
Recently, the bipartisan leaders of the Congressional-Executive Commission on China (CECC) called on President Joe Biden to prioritize securing the release of Americans wrongfully detained in China before the end of his term.
Rep. Chris Smith (R-N.J.) and Sen. Jeff Merkley (D-Ore.), the chair and co-chair of the CECC, sent a letter to Biden on October 3, highlighting the plight of American detainees, who, on average, are imprisoned in China for 12 years.
In their letter, the lawmakers underscored a grim statistic: “There are more Americans wrongfully detained in China than in any other country.”
They noted that these individuals are often subjected to trials with significant due process violations or face baseless charges.
Many detainees, they added, endure mistreatment in Chinese prisons, leading to serious physical and mental health issues due to inadequate nutrition and medical care.
“They deserve tenacious advocacy to gain their release,” the lawmakers emphasized.
A recent case that drew attention to the issue was the release of David Lin, an American pastor who had been detained in China for nearly 20 years.
Lin, sentenced to life in 2009 on what the US considers wrongful charges of contract fraud, was freed just weeks before the lawmakers’ letter.
Smith and Merkley urged Biden to make the release of wrongfully detained Americans a “top priority item” in any future discussions with Chinese Communist Party (CCP) leader Xi Jinping.
They specifically named four Americans still held in China: Kai Li, Mark Swidan, Nelson Wells Jr., and Dawn Michelle Hunt, and asked Biden to push for their immediate release.
The most recent in-person meeting between Biden and Xi occurred in Woodside, California, in November 2023.
They last spoke over the phone in April, and US Secretary of State Antony Blinken has suggested that another meeting between the two leaders could happen in the coming weeks or months.
The lawmakers also pressed Biden to meet with the families of the detained Americans and to instruct US consular officials to increase their visits to these detainees, ensuring they have adequate legal representation and health care.
Wells and Hunt, the letter noted, are facing “life-threatening health conditions that Chinese authorities cannot or will not properly address.”
At a hearing on September 18, family members of the detained Americans testified before the CECC.
Harrison Li, the son of Kai Li, emphasized the urgency of the situation, stating that the “next few months before President Biden leaves office is a critical window” for securing the release of his father and other Americans wrongfully detained in China.
Kai Li has been imprisoned in China since September 2016 and was sentenced to 10 years in 2018 on politically motivated espionage charges, according to his family.
During his imprisonment, he suffered a stroke and lost a tooth, as his son testified.
Similarly, Mark Swidan, a businessman from Texas, has been wrongfully detained in China since 2012.
He was sentenced to death with a two-year reprieve in 2019 on drug-related charges, despite no evidence linking him to the alleged crimes, according to the US State Department.
In her testimony, Mark Swidan’s mother, Katherine, expressed concern about her son’s deteriorating health and called on US leaders to take bold action.
“We need our leaders with moral and political courage to do right and use our power to bring Mark home,” she wrote.
The lawmakers also raised concerns about China’s increasing use of “exit bans” to detain US citizens.
These bans are often used to settle economic disputes or to pressure relatives of those detained to return to China and face criminal charges.
The letter warned that the Chinese government’s continued use of such tactics is a form of “de facto hostage-taking.”
“If the Chinese government wants to improve relations with the United States, it should release Americans who are wrongfully imprisoned without condition and unilaterally end the use of ‘exit bans,’” Smith and Merkley wrote.
The Dui Hua Foundation, a San Francisco-based advocacy group, issued a statement in September welcoming the release of David Lin but also noting that over 200 Americans remain under “coercive measures” in China, with more than 30 currently subject to exit bans.
The US State Department has issued a level-three travel advisory for China, urging Americans to reconsider traveling to the country due to “arbitrary enforcement of local laws,” particularly the use of exit bans.
Recognizing that US allies have also faced wrongful detentions in China, the lawmakers urged the Biden administration to work closely with international partners to press for the release of all individuals unjustly detained by the Chinese government.
The call to action highlights the importance of collective diplomatic efforts to ensure the freedom and safety of detained citizens.
China, in recent years, has become notorious for detaining foreign nationals, often under vague accusations of espionage or other national security concerns.
According to various advocacy groups and US government sources, more Americans are currently wrongfully detained in China than in any other nation, including authoritarian states like Iran and North Korea.
These detentions often lack transparency, with little to no access granted to consular officials, lawyers, or even family members.
Wrongful detentions are typically defined as cases where individuals are arrested or held without legitimate cause, often in violation of international human rights norms.
In China, many such cases involve charges of spying, endangering national security, or “picking quarrels and provoking trouble”—a catch-all charge used to stifle dissent.
While some detained individuals may have been engaging in business or cultural exchanges, others have simply been in the wrong place at the wrong time, becoming political bargaining chips in China’s strained relations with the US.
Human rights experts have increasingly pointed to China’s use of “hostage diplomacy,” where foreign nationals, particularly those from Western nations, are detained for political leverage.
This practice often surfaces during moments of heightened diplomatic tension, with the detentions appearing to be less about actual crimes and more about using individuals as pawns in broader political disputes.
One of the key challenges in dealing with wrongful detentions in China is the limited access granted to US consular officials.
In many cases, American detainees are held incommunicado for extended periods, with Chinese authorities often refusing to provide information on their whereabouts or legal status.
This lack of transparency makes it difficult for the US government to offer assistance or advocate on behalf of detained citizens effectively.
Under international law, particularly the Vienna Convention on Consular Relations, foreign nationals have the right to consular access, meaning their home country’s embassy or consulate must be notified when they are arrested, and they should be allowed to communicate with consular officials.
However, China has frequently flouted these obligations, adding another layer of complexity to efforts to secure the release of wrongfully detained Americans.
Organizations like the James W. Foley Legacy Foundation, which advocates for Americans wrongfully detained abroad, have been instrumental in raising awareness about these cases.
However, the geopolitical backdrop of US-China relations has made it difficult to resolve these detentions through conventional diplomatic channels.
The rising number of wrongful detentions has had a chilling effect on Americans considering travel to China for business, education, or tourism.
The US State Department has issued numerous travel advisories warning citizens of the risks, including the potential for arbitrary arrest and detention.
These warnings, coupled with high-profile cases of detentions, have contributed to a growing sense of unease about traveling to China.
For American businesses, the risks associated with operating in China have also increased.
Many companies are rethinking their presence in the country, fearing that their employees could become targets of wrongful detention, particularly in the context of ongoing trade disputes and accusations of intellectual property theft.
The wrongful detention of American citizens is part of a broader pattern of human rights abuses in China.
According to China experts, the growing number of Americans wrongfully detained in China is a reflection of the increasingly fraught US-China relationship.
As geopolitical tensions continue to escalate, the risk of wrongful detentions remains high, with American citizens potentially being used as pawns in broader diplomatic disputes.