Chinese Human Rights Lawyer Arrested by ICE in Pennsylvania
Wu Shaoping spent years fighting for human rights in China before fleeing to the US in 2019. He filed for asylum, found work as a delivery driver, and waited. On Wednesday, ICE arrested him mid-shift — and now he faces a possible return to the country he escaped.
You filed your asylum application years ago and have been waiting — working, living your life, staying out of trouble. Then one day, ICE stops you on the street. That is exactly what happened to Wu Shaoping, a Chinese human rights lawyer who has been living in Pennsylvania while his asylum case moves through the system.
Wu was stopped by ICE officers on Wednesday in Mount Holly Springs, Cumberland County, Pennsylvania, while delivering packages for Amazon. He showed officers proof of his pending asylum application and explained he had entered the US legally on a tourist visa in 2019. ICE arrested him anyway and took him to a detention facility in Pennsylvania. His friend Shi Minglei, who spoke with Wu by phone from detention on Thursday, said Wu felt frustrated — he believed he should not have been arrested given his legal status as an asylum applicant. His immigration court hearing is scheduled for July 27, according to the New York Times.
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Wu fled China in late 2019 after attending a human rights meeting in Xiamen. Several people at that same meeting were later arrested, including Xu Zhiyong and Ding Jiaxi — China's most prominent human rights lawyers, now imprisoned on subversion charges. Wu had taken on cases involving religious minorities and political dissidents in China, work that got many lawyers disbarred or harassed. His wife, Li Caoliu, lives with him in the US. Zhou Fengsuo, a leader of the 1989 Tiananmen Square protests now living in the US, said Wu's arrest has created "enormous fear" among Chinese dissidents who came to the US seeking protection.
Human rights advocates warn that deporting Wu to China could put him in serious danger. His friend Shi said it would be "awful" if Wu were sent back, noting that Shi's own husband, Cheng Yuan, was jailed for five years in China for activism. Separately, human rights groups have raised concerns about Bai Zhaodong, a Chinese investigative journalist detained in Thailand — China's foreign ministry confirmed this week it submitted an extradition request for him.
What to do if ICE stops you while your asylum case is pending
- Carry proof of your pending case at all times — your asylum receipt notice (Form I-589 receipt) or any USCIS or immigration court documents showing your case is active.
- You have the right to remain silent. You do not have to answer questions beyond confirming your identity. Lawyers recommend saying clearly: "I am invoking my right to remain silent and my right to an attorney."
- Contact an immigration attorney immediately after any ICE encounter. If you are detained, your attorney can file an emergency motion and request a bond hearing before an immigration judge.
- Ask family or a trusted friend to contact a local immigration legal aid organization right away — they can act faster if they know your detention facility location and your alien registration (A-number).
A full breakdown of this topic — in our guide “Preparing for Your Asylum Interview”.
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Having a pending asylum application does not automatically protect you from ICE detention — officers can still arrest you if they believe you are removable. However, a pending case is a strong argument for release on bond or supervision, and an immigration judge must consider it at a bond hearing. If you are detained, your attorney should immediately file a motion to set a bond hearing and submit evidence of your asylum claim, ties to the community, and any risk of persecution if removed. Do not wait — consult an immigration attorney before any situation like this arises.
Frequently Asked Questions
Can ICE arrest me if I have a pending asylum application?
Yes. A pending asylum application does not give you immunity from arrest. ICE can detain you if agents believe you are removable. However, your pending case is important evidence at a bond hearing, and an immigration judge can order your release while the case continues.
What happens at an immigration court hearing after an ICE arrest?
An immigration judge reviews your case. There may be a bond hearing first, where the judge decides whether to release you while your case is pending. Then there are separate hearings on whether you can be removed and whether you qualify for asylum or another form of protection.
What documents should I carry to prove my asylum case is active?
Carry your Form I-589 receipt notice, any USCIS correspondence, or your immigration court notice to appear (NTA) and hearing notices. These show that your case is officially in the system and that you entered or remained in the US with a legal basis.
What rights do I have if ICE stops me on the street?
You have the right to remain silent and the right to an attorney. You do not have to answer questions about your immigration status beyond confirming your identity. Lawyers recommend clearly stating that you are invoking your right to silence and asking to speak to an attorney before saying anything else.