WASHINGTON — The James W. Foley Legacy Foundation welcomes today’s Executive Order establishing a suite of new authorities and tools to deter governments from engaging in the wrongful detention of American citizens and to ensure that those who employ this practice face consequences. This action marks a critical step forward in confronting a deeply entrenched practice that violates international norms and endangers innocent lives.
Wrongful detention is not a diplomatic tactic—it is a human rights abuse. Today, we assess that at least 40 Americans are wrongfully held by 14 countries around the world for use as leverage in geopolitical disputes. Designating states as sponsors of wrongful detention sends a necessary signal: the United States will not tolerate the weaponization of its citizens. We commend the Trump administration for prioritizing this issue and for taking meaningful steps to deter future abuses. Holding state actors accountable is essential to protecting Americans and upholding international law.
We urge all governments wrongfully detaining American citizens to take this moment—before the first designations under this executive order are issued—to immediately and unconditionally release all American captives. It is time to end the cynical use of human lives as bargaining chips and to reaffirm respect for universal human rights.
As the administration exercises this new authority, we urge it to adhere to a “do no harm” approach—applying these tools with care to build on its strong track record of securing the release of Americans held captive around the world. To support effective oversight, we encourage Congress to codify this new designation authority and enact additional provisions aimed at preventing hostage-taking, including measures to discourage travel by U.S. nationals to designated countries. We likewise call on allied nations to adopt parallel actions that enable more coordinated and impactful responses to wrongful detention—responses that prioritize the safe return of unjustly held individuals and help end the egregious practice of state-sponsored hostage diplomacy.