The White House has issued a new executive order aimed at increasing protections for U.S. nationals facing wrongful detention abroad. The order, signed by President Donald J. Trump on September 5, 2025, is grounded in the authority provided by the Constitution and the Robert Levinson Hostage Recovery and Hostage-Taking Accountability Act.
According to the text of the order, "The United States must strengthen efforts to protect U.S. nationals from wrongful detention abroad. The United States Government is committed to using every tool available to curb this coercive tactic used by foreign adversaries and must hold such adversaries to account. No American should fear being taken as a political pawn by rogue states. Wrongful detentions are an affront to the rule of law and aim to undermine our leadership on the world stage. The United States will not tolerate these attacks on our sovereignty and U.S. nationals."
Under the new policy, the Secretary of State has been granted authority to designate any foreign country that engages in or supports wrongful detention of U.S. nationals as a "State Sponsor of Wrongful Detention." This designation can be made if a wrongful detention occurs within that country, if its government fails to release a wrongfully detained national after notification from the United States, or if there is evidence indicating responsibility or support for such actions.
Once designated under this status, several measures may be taken against those countries, including imposing sanctions under existing laws such as the International Emergency Economic Powers Act; making certain designations related to visa restrictions; applying inadmissibility provisions under immigration law; imposing travel restrictions for Americans; restricting foreign assistance; and limiting exports of specific goods.
The order also outlines conditions for terminating such designations if governments release detained Americans, demonstrate changes in policies or leadership regarding wrongful detentions, and provide credible assurances against future acts.
Definitions provided clarify terms such as “government,” “person,” “entity,” “wrongful detention,” and “U.S. national.” The scope extends provisions relating to foreign governments also to entities controlling significant territory regardless of official recognition.
Additional sections address how this order interacts with existing authorities and confirm it does not create enforceable rights for individuals against the government.