The Donald Trump administration is set to issue an executive order as early as Friday establishing a state sponsors of wrongful detention designation for countries that illegally detain US nationals.
The move is aimed at holding foreign governments accountable and protecting Americans traveling abroad from wrongful imprisonment or hostage situations, reported CBS News .
Modeled after the US system for state sponsors of terrorism, the new designation would give the State Department tools to penalise countries using detained Americans as political leverage. It could also allow the US to impose travel restrictions on certain nations, discouraging Americans from visiting high-risk countries.
The US government does not publicly release the total number of Americans detained abroad, but advocacy group the Foley Foundation reports, as cited by CBS News, at least 54 Americans were wrongfully detained or held hostage in 17 countries during 2024.
The state department travel advisory system issues four levels of risk, with "Level 4: Do not travel" at the highest warning. Twenty-one countries are currently on this list, including Iran, Afghanistan, Russia, Venezuela, and North Korea, many citing risk of wrongful detention for travelers. The state department notes that most US nationals arrested overseas are held due to "legitimate law enforcement and judicial processes."
The executive order builds on the Robert Levinson Act, passed during Trump’s first term, which allows the state department to determine if a US national is being wrongfully detained. Criteria include the fairness of the country’s judicial system, credible evidence of innocence, or evidence the individual is being held to extract concessions from the US government.
The planned executive order comes after several high-profile cases involving wrongful detention of Americans overseas. Russian authorities jailed journalist Evan Gershkovich and Marine veteran Paul Whelan on espionage charges, releasing them in 2024 through a complex prisoner swap that included Germany.
In 2022, WNBA star Brittney Griner was freed from a Russian prison on drug charges in exchange for notorious Russian arms dealer Viktor Bout. Earlier this year, American teacher Marc Fogel was released from Russian detention in exchange for a Russian crypto fraudster. Iran and Venezuela have also participated in recent US prisoner exchanges.
The move is aimed at holding foreign governments accountable and protecting Americans traveling abroad from wrongful imprisonment or hostage situations, reported CBS News .
Modeled after the US system for state sponsors of terrorism, the new designation would give the State Department tools to penalise countries using detained Americans as political leverage. It could also allow the US to impose travel restrictions on certain nations, discouraging Americans from visiting high-risk countries.
The US government does not publicly release the total number of Americans detained abroad, but advocacy group the Foley Foundation reports, as cited by CBS News, at least 54 Americans were wrongfully detained or held hostage in 17 countries during 2024.
The state department travel advisory system issues four levels of risk, with "Level 4: Do not travel" at the highest warning. Twenty-one countries are currently on this list, including Iran, Afghanistan, Russia, Venezuela, and North Korea, many citing risk of wrongful detention for travelers. The state department notes that most US nationals arrested overseas are held due to "legitimate law enforcement and judicial processes."
The executive order builds on the Robert Levinson Act, passed during Trump’s first term, which allows the state department to determine if a US national is being wrongfully detained. Criteria include the fairness of the country’s judicial system, credible evidence of innocence, or evidence the individual is being held to extract concessions from the US government.
The planned executive order comes after several high-profile cases involving wrongful detention of Americans overseas. Russian authorities jailed journalist Evan Gershkovich and Marine veteran Paul Whelan on espionage charges, releasing them in 2024 through a complex prisoner swap that included Germany.
In 2022, WNBA star Brittney Griner was freed from a Russian prison on drug charges in exchange for notorious Russian arms dealer Viktor Bout. Earlier this year, American teacher Marc Fogel was released from Russian detention in exchange for a Russian crypto fraudster. Iran and Venezuela have also participated in recent US prisoner exchanges.
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