The White House has issued a new executive order aimed at strengthening the protection of U.S. nationals from wrongful detention abroad. President Donald J. Trump signed the order on September 5, 2025, invoking his authority under the Constitution and the Robert Levinson Hostage Recovery and Hostage-Taking Accountability Act.
According to the order, the United States government is committed to using all available tools to address coercive tactics by foreign adversaries that involve detaining Americans for political leverage. The administration stated: "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 directive, the Secretary of State may designate any foreign country as a "State Sponsor of Wrongful Detention" if its government directly engages in or supports wrongful detention of U.S. nationals based on specific criteria outlined in the order.
Once designated, several measures can be implemented against such countries, including imposing sanctions under existing authorities like the International Emergency Economic Powers Act; making designations under relevant appropriations acts; applying inadmissibility provisions through coordination with Homeland Security; restricting passport use for travel to those countries; limiting assistance provided under federal law; and restricting exports of certain goods.
The Secretary of State may also terminate a designation if it is determined that wrongfully detained Americans have been released, significant policy changes have occurred in that country regarding wrongful detention, or credible assurances are provided that such acts will not recur.
Definitions within the order clarify terms such as “government,” “person,” “entity,” “wrongful detention,” and “U.S. national.” The scope extends beyond recognized governments to entities controlling most or all territory within a country.
Further sections specify that nothing in this order affects authorized activities by U.S. officials or contractors related to investigation or intelligence work, nor does it imply that every American detained in designated countries is automatically considered wrongfully detained under existing law.
President Trump concluded with instructions regarding implementation consistent with applicable laws and appropriations: "This order shall be implemented consistent with applicable law and subject to the availability of appropriations." The Department of State will cover publication costs for this executive action.
