In a significant move to address the issue of wrongful detentions of U.S. nationals internationally, President Donald Trump issued an executive order on September 5, 2025.
This directive is aimed at strengthening efforts to protect American citizens from being wrongfully detained by foreign governments.
The executive order articulates a firm commitment from the United States Government to utilize every tool available to counteract this coercive tactic.
The order emphasizes that no American should feel at risk of being used as a political pawn by rogue states, underscoring the administration’s stance that wrongful detentions violate the rule of law and challenge U.S. global leadership.
In achieving these goals, the executive order grants the Secretary of State the authority to designate foreign nations engaging in or supporting the wrongful detention of U.S. nationals as a “State Sponsor of Wrongful Detention”.
The criteria for such designations are clearly defined and include specific behaviors by foreign governments.
These include wrongful detentions occurring within a foreign country, failure to release a U.S. national after notification by the United States of a wrongful detention, and evidence of governmental responsibility or complicity in wrongful detentions.
If a government exhibits a pattern of unjust detentions, including that of third-country nationals, it may also be subject to designation under this order.
Upon such a designation, the Secretary of State is mandated to evaluate existing options to respond to and deter actions taken by the respective government.
The executive order outlines a range of potential responses, including imposing sanctions under the International Emergency Economic Powers Act, making designations under specific appropriations acts, and enforcing travel restrictions on U.S. passport holders wishing to travel to the designated country.
Additionally, the United States may restrict assistance provided to the offending government and limit the export of certain goods under various federal laws.
A specific pathway for the termination of such designations is also provided within the order.
The Secretary of State holds the authority to revoke a country’s designation based on several factors, such as the release of wrongfully detained nationals and credible assurances that future wrongful detentions will not occur.
The definitions within the order clarify key terms to ensure operational understanding and legal consistency.
For example, “wrongful detention” refers to detentions deemed unlawful by the Secretary of State, and a “U.S. national” retains the definition provided in existing law.
Notably, the executive order encompasses circumstances involving entities that may control territory, even if they are not formally recognized as governments.
In constructing this order, President Trump ensures that it does not interfere with lawful investigative and intelligence activities authorized within the United States.
The executive order also clearly states that it is not intended to create any new rights or benefits enforceable against the United States or its agencies.
The order concludes by stating that the costs associated with its publication will be managed by the Department of State.
This decisive action reflects the administration’s ongoing commitment to safeguarding U.S. citizens and holding foreign governments accountable for their actions.
In a climate where wrongful detentions are increasingly recognized as a tactic employed by foreign adversaries, this executive order aims to bolster U.S. sovereignty and the rights of its nationals abroad.
As the world continues to face complex geopolitical challenges, the United States remains vigilant in protecting the welfare of its citizens against unlawful actions taken by foreign governments.
This executive order is expected to reshape how the U.S. engages with nations that threaten American citizens, reinforcing a message that such practices will not be tolerated.
With the endorsement of the Levinson Act, President Trump’s initiatives aim to elevate the importance of human rights and the rule of law in international relations.
Looking ahead, the impact of this order could influence diplomatic relations as designated countries may face significant repercussions due to their actions against U.S. nationals.
As the Biden administration navigates its relationships with foreign nations, ensuring the safety and rights of American citizens detained abroad will be paramount in its foreign policy agenda.
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