PolicyBrief
S. 1478
119th CongressApr 10th 2025
Countering Wrongful Detention Act of 2025
IN COMMITTEE

The Countering Wrongful Detention Act of 2025 aims to deter and prevent wrongful detentions of U.S. nationals abroad by enabling sanctions and travel advisories, establishing an advisory council, and requiring a report on hostage recovery efforts.

James Risch
R

James Risch

Senator

ID

LEGISLATION

New Bill Proposes 'Detention Sponsor' Tag for Nations, Mandates Traveler Risk Checks for Hot Spots

The "Countering Wrongful Detention Act of 2025" is on the table, and it's looking to get serious with countries that unlawfully detain U.S. citizens. The proposal would allow the Secretary of State to officially label nations as "State Sponsors of Unlawful or Wrongful Detention," introduce new rules for airlines regarding travel to high-risk areas, and establish an advisory council including individuals who have personally experienced such detentions. The core aim is to discourage foreign governments from these actions and to improve how the U.S. government manages these critical situations.

Naming Names: The "Detention Sponsor" Tag

So, what does it mean to be a "State Sponsor of Unlawful or Wrongful Detention"? Under Section 101 of the bill, the Secretary of State could slap this label on a country if it's holding a U.S. national unlawfully and doesn't release them within 30 days of official notification. Other triggers include if the country's actions clearly show it's responsible for or supports the detention, or if conditions within that country pose a significant risk to the safety of Americans abroad. Think about it: if your friend, a freelance journalist, gets detained unjustly on an assignment in a country that then stonewalls U.S. diplomats, that nation could find itself on this list.

This designation isn't just for show. Section 101 also requires the Secretary of State to review a whole toolkit of potential responses. We're talking about economic sanctions under the International Emergency Economic Powers Act, visa restrictions for foreign officials (similar to those already possible under provisions like Section 7031(c) of the State Department's funding act), new geographic travel restrictions for U.S. citizens, cuts to foreign aid under the Foreign Assistance Act of 1961, or even blocking arms sales governed by the Arms Export Control Act. Congress would get a seven-day heads-up before any designation, and the list of sponsored countries—with specific nations like Afghanistan, China, Iran, and Russia explicitly flagged for initial review—would be publicly available on the State Department's website.

Travel Alert 2.0: Know Before You Go

Planning an international trip? Section 102 of this bill could change your booking process if your destination is a bit dicey. If you're buying a ticket to a country that the State Department has marked with a "D" indicator (signifying a risk of wrongful detention of U.S. nationals) or a "K" indicator (warning of criminal or terrorist threats to seize or harm individuals to extract concessions), air carriers and ticket agents would need you to formally certify something. You'd have to confirm that you've reviewed the official travel advisory and understand the risks. This amends existing travel law (Chapter 423 of Title 49, United States Code) by adding a new section, 42309.

Imagine you're a project manager for a construction firm heading to a country with one of these advisories. Before you finalize that flight, you'll likely encounter an extra click-through, essentially an