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In a new shift in foreign policy, the President of the United States, Donald Trump, signed an executive order this Friday creating the designation of “State Sponsor of Illegal Detentions.”
With this measure, your administration seeks to penalize governments and entities that unjustly detain American citizens abroad, which it considers a dangerous tactic of geopolitical coercion.
The executive order, which was initially reported by CBS News and confirmed by various official sources, grants the Department of State the authority to label countries or entities that use the imprisonment of Americans as a political strategy as "sponsors of arbitrary detentions".
"The decree allows the government to access punitive tools similar to those used against countries designated as state sponsors of terrorism," explained a senior government official to CNN.
"It is an expansion of the spectrum against whom we can use these tools. You don't have to be funding Hamas, Hezbollah, or al-Qaeda; you could simply be trying to unfairly exploit our citizens," he added.
Sanctions and travel restrictions
Inclusion on this new blacklist may result in multiple sanctions, including:
-Visa restrictions for citizens of the specified countries.
-Export controls and trade restrictions.
- Suspension of financial aid and additional tariffs.
-Travel prohibitions or limitations for American citizens, with possible geographic restrictions on where the passport can be used.
"The goal is to reduce the number of Americans choosing to travel to those countries and to encourage their leaders to immediately release those who are currently detained," declared an official.
Currently, the State Department already prohibits traveling to North Korea with a U.S. passport without special authorization.
The Trump administration is considering extending this type of restriction to other nations with a history of unjust detention.
Designated countries and background information
Although the U.S. Government does not regularly publish information about citizens detained abroad, the Foley Foundation - dedicated to the defense of human rights - documented that at least 54 Americans were arbitrarily imprisoned or held hostage in 17 countries during 2024.
Among them are Iran, Russia, North Korea, Venezuela, and Nicaragua.
One of the most emblematic cases is that of former Marine Paul Whelan, who was released in 2024 after more than five years imprisoned in Russia.
“The executive order seems to me a very good first step that will help deter if it is applied correctly against regimes like those of Russia and China,” Whelan stated to NBC News.
He also suggested that the government consider economic compensation for Americans who have been victims of these detentions, such as using frozen funds from sanctioned countries.
Inspiration from the Levinson Law and Biden's Background
The initiative is partly based on the Robert Levinson Act, passed during Trump's first term.
This regulation allows the State Department to classify the detention of an American as "unjust" if there are indications of judicial manipulation, lack of due process, political or coercive motivations, or overlooked evidence of innocence.
Robert Levinson, a former FBI and DEA agent, was kidnapped in Iran in 2007 and is presumed to have died in captivity.
Her daughter, Sarah Levinson, publicly expressed gratitude for the new measure, stating, "Thanks to Mr. Trump, Secretary of State Marco Rubio, and the team for sending this powerful message to stop the hostage-taking" (CBS News).
Former President Joe Biden, in 2022, had already issued a similar order declaring the unjust detention of U.S. citizens a national emergency, which allowed for the imposition of individual sanctions and the creation of a "D" indicator in the State Department's travel alerts.
Nicaragua, for example, is already facing this classification alongside countries like Afghanistan, Iran, Russia, Venezuela, and North Korea.
However, officials from the current Trump administration emphasize that their order goes further.
“We are making a very clear demarcation, drawing an unbreachable line in the sand”, a senior official told NBC News.
"Americans cannot be used as bargaining chips," he added.
Criticism of Biden and assessment of hostages
In the official announcement, the White House emphasized that, since the beginning of Trump's second term, 72 Americans detained abroad have been released, and criticized the previous administration, noting that during Biden's presidency, 24 more American citizens were captured than were released.
"Unjust detentions are an affront to the rule of law. The United States will not tolerate these attacks on our sovereignty or on our citizens," stated the release.
Symbolic change at the Pentagon: Department of War
In parallel to this order, Trump signed another decree that has generated symbolic and institutional controversy: to change the name of the Department of Defense to "Department of War", a designation that has not been used since the 1940s.
According to Europa Press, the change, which still needs to be ratified by Congress, aims to "project strength and determination."
Defense Secretary Pete Hegseth has already adopted the new title of "Secretary of War" and has been tasked with proposing the necessary legislative reforms.
Although an official estimate of the costs of the change has not been published, analysts estimate that it could amount to up to $1 billion, as it involves adjustments to uniforms, logos, digital systems, signage, and official documents throughout the entire federal military structure.
A message of strength… or of risk?
The combination of these executive orders marks a significant hardening of U.S. foreign policy and a symbolic offensive that, according to the Trump administration, aims to protect its citizens and "send a message of strength to its adversaries."
However, critical sectors warn that the escalation in language and unilateral measures could increase diplomatic tensions and heighten risks for American citizens abroad, as they may be perceived as political instruments by hostile governments.
For the White House, however, the message is clear: “Anyone who uses an American as a bargaining chip will face the consequences. This administration prioritizes not just the United States, but also Americans.”
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