The White House has issued a new executive order aimed at increasing protections for U.S. nationals who face wrongful detention abroad. The order, signed by President Donald J. Trump on September 5, 2025, authorizes several measures intended to deter foreign governments and entities from detaining Americans as political leverage.
According to the order, the Secretary of State is empowered to designate any foreign country whose government engages in or supports the wrongful detention of a U.S. national as a "State Sponsor of Wrongful Detention." Criteria for such designation include direct involvement in wrongful detention, failure to release detainees after notification by the United States, or evidence that the government is responsible for or supports unjust detentions involving U.S. or third-country nationals.
Upon designation, the Secretary of State must review available authorities and may impose sanctions under existing laws such as the International Emergency Economic Powers Act. Other possible responses include travel restrictions using U.S. passports, limiting assistance under the Foreign Assistance Act of 1961, restricting exports under arms control statutes, and applying inadmissibility provisions through coordination with the Department of Homeland Security.
The order also provides guidelines for terminating a country's designation if certain conditions are met—such as releasing wrongfully detained individuals or demonstrating policy changes—and allows for termination at the President's discretion.
Definitions included in the order clarify that "government" encompasses not only official state actors but also persons or entities acting on their behalf. "Wrongful detention" refers specifically to cases determined unlawful by the Secretary of State pursuant to existing law.
Additionally, these provisions can be applied to non-governmental entities exercising territorial control equivalent to that of a recognized government.
The executive order does not create new rights enforceable by individuals against the United States but outlines procedures and authorities for responding to wrongful detentions overseas.
For further details and full text of the executive order: https://www.whitehouse.gov/presidential-actions/2025/09/strengthening-efforts-to-protect-u-s-nationals-from-wrongful-detention-abroad/