Two remain: A look at the Americans still considered wrongfully detained in China

The Chinese government released one American who the State Department considered "wrongfully detained" last week, but two Americans still bear that label in the global superpower: Mark Swidan and Kai Li.

China freed Southern California pastor David Lin on Sunday, after he was detained for nearly 20 years. Lin was first arrested by China in 2006 and sentenced to life in prison for "contract fraud." But his release was orchestrated by a deal between Secretary of State Antony Blinken and Chinese Foreign Minister Wang Yi in July.

The release occurred a few days before Congress held a joint hearing on "Wrongfully Detained Americans in China," which examined Swidan's and Li's cases, along with three Americans who have not been labeled "wrongfully detained" by the U.S. government. Swidan has been imprisoned in China since 2012, and Li has been jailed since 2016.

Rep. Chris Smith, R-N.J., revealed at the end of the hearing that he would introduce bipartisan legislation that would seek more transparent information from the State Department about wrongfully detained Americans, order the State Department to create a strategy for securing the release of wrongfully detained Americans in China, and review the diplomatic tools the State Department is using to gain their release.

Mark Swidan

Swidan, a Texas native, was arrested by Chinese authorities in 2012 for allegedly trafficking illegal drugs, which Swidan, his mother Katherine Swidan, and the United States government have all denied. He has been sentenced to death, but no execution date has been scheduled so far.

Katherine Swidan told Just The News on Saturday that she gets to speak to her son every month for just 10 minutes, and has not been able to visit him in person because of her health. However, the U.S. consulate in China was able to visit him on Thursday. He is also not allowed to call his mother through Facetime because of the death penalty, and is no longer in good health because of conditions in the prison.

"Mark was visited months ago by U.S. Ambassador to China [Nicholas] Burns. He told Mark hopefully the next time he visits it will be to bring him home. Mark walked away and told him 'I will be dead by then,'" Katherine Swidan said. "If there is anything Biden can do to get Mark home, it will be good for his image. If not, Trump must secure his release."

Mark Swidan, who is currently 49, was arrested while visiting China to purchase flooring and furniture. 

Katherine Swidan said she cannot visit her son in China because of her own health conditions that make it difficult for her to travel. She was also not able to testify in front of Congress on Wednesday in person, but submitted a written testimony, which was read aloud.

"Mark is not just a statistic; he is a son, a brother, and a friend whose absence has left a gaping hole in our hearts and fam" Katherine Swidan wrote of her son. "We are grateful for the Congressional Resolutions passed by the House and Senate last year. I thought he would be home by now, but twelve years into this, I am concerned if I will ever see him again. 

"Over a decade has passed since Mark was taken from us, and every day without him is a day too long," she continued. "Despite overwhelming evidence of his innocence and the arbitrary nature of his detention, Mark continues to languish in a foreign prison, deprived of his freedom, his health deteriorating, and his hope fading."

The 74-year-old testified that she understood how complex diplomacy could be, but urged Congress to put pressure on the Biden administration to get her son home, and claimed China has expressed a "willingness to resolve my son's case." 

"We rightly highlight the suffering of the people of Tibet, the Uyghurs, and repressed Christians in China, but what about the rights of Americans who are wrongfully imprisoned? Who speaks for us?" she wrote. "The U.S. government must remember that its first duty is to its own people, to defend their rights and bring them home."

Kai Li

Kai Li was arrested in China in 2016 on espionage charges, and for allegedly stealing state secrets. He has been sentenced to 10 years in prison, but his family is hoping for an earlier release. 

Harrison Li, the son of Kai Li, testified in front of Congress on Wednesday where he claimed his father has spent more time in a foreign prison than other notable Americans who have since been released, such as Paul Whelan, Alsu Kurmasheva, and Evan Gershkovich combined.

"With each of those successes, my mom and I have experienced a strange mix of emotions: joy and excitement for the reunited families, but also growing frustration and doubt about my dad’s case. When will it be his turn?" Harrison Li said. 

Harrison Li also praised the recent Russian prisoner swap last month, which saw Whelan's and Gershkovich's releases, but lamented that his own loved one was still stuck overseas for a crime he did not commit.

"One thing that is clear in light of recent developments is that when the various parts of our government, from the working level in the State Department and National Security Council on up to the president, put their heads together to come up with creative solutions, American hostages and wrongful detainees come home," Li testified.

He also urged President Joe Biden to secure his father's release while still in the Oval Office, because a new administration would stall negotiations while communication and leverage is rebuilt.

Harrison Li has been a vocal part of the "Bring Our Families Home Campaign," for the past two and a half years, which works with Congress and the U.S. government to bring Americans who have been wrongfully imprisoned in foreign countries back to the United States.

Misty Severi is a reporter for Just The News. You can follow her on X for more coverage.