DEFENDING
DEMOCRACY IN EXILE
Policy Responses to
Transnational Repression
Recommendations for improving the US response
to transnational repression at home and abroad
Raising awareness about the threat of
transnational repression
Ensure that law enforcement officials, personnel at
key agencies, and those working with refugees are
trained to recognize transnational repression. Law
enforcement officials and agency personnel can play a central
role in protecting exiles who are targeted. For example, timely
diplomatic intervention, whether public or private, in isolation
or in coordination with other states, can be the difference
between an unlawful deportation and freedom for a targeted
individual. Personnel at key agencies should receive training
to help them identify potential perpetrators and victims of
transnational repression, and on the relevant laws that can
be invoked to combat transnational repression and mitigate
harm. These key agencies include the Department of State;
the Department of Homeland Security (DHS), including
US Customs and Border Protection (CBP), US Citizenship
and Immigration Services (USCIS), and US Immigration and
Customs Enforcement (ICE); the Department of Justice,
including the Federal Bureau of Investigation (FBI); other
federal, state, and local law enforcement officials receiving
instruction at the Federal Law Enforcement Training Center,
and business and community leaders completing the Citizens
Academy; and employees of the Department of Health and
Human Service’s Office of Refugee Resettlement (ORR).
Training programs should be ongoing, taking place periodically
across levels of seniority.
Ensure comprehensive reporting on transnational
repression in State Department’s Human Rights
Reports. Since 2019, US State Department Country Reports
on Human Rights Practices have included a section on
“politically motivated reprisals against individuals located
outside the country.” This section should be strengthened
and made consistent across all country reports to help create
a more robust record of transnational repression, encourage
greater awareness of the phenomenon, and help officials
better respond to the problem. A provision included in the
FY23 National Defense Authorization Act (NDAA) requires
the Departments of Justice and State to produce biannually
a report detailing, among other things, “a list of countries
that the Attorney General and the Secretary determine have
repeatedly abused and misused the Red Notice and diffusion
12
@FreedomHouse
mechanisms for political purposes.” The countries highlighted
in this joint report and the details about their misuse of
Interpol should be included in the relevant State Department
Human Rights Reports.
Issue travel advisories about countries engaging in
transnational repression. Potential targets of transnational
repression are at particular risk when traveling abroad, and
US citizens and residents have been targeted while outside
of the United States. The US Department of State provides
travel advisories regarding issues abroad that may impact the
safety and security of American travelers. This information,
which typically includes details about terrorist and security
threats, crime, civil unrest, and health and environmental risks,
is intended to help US citizens make informed decisions about
whether or not to travel abroad. Advisories should be issued
about countries whose governments engage in transnational
repression or where acts of transnational repression
frequently occur.
Establish standardized outreach procedures for
vulnerable communities. In August 2021, the FBI began
to issue unclassified counterintelligence bulletins describing
the risks faced by Uyghurs and other diaspora groups from
transnational repression. The bulletins contained information
on specific incidents and directed individuals to contact the
FBI if they had experienced targeting. In February 2022, the FBI
launched a website devoted to transnational repression with
information on tactics, hyperlinks to recent indictments, and
contact information for reporting. The FBI should continue
producing resources for vulnerable groups and publishing
them in relevant languages. State and local law enforcement
should conduct similar outreach as appropriate, and federal,
state, and local law enforcement agencies should continue
working jointly to investigate leads on suspected transnational
repression in the United States. Many victims of transnational
repression come from countries where law enforcement
officials are involved in perpetrating abuses on behalf of the
state, contributing to potential distrust of US law enforcement
agents. Building trust with targeted communities is critical to
addressing transnational repression threats before they escalate.
Communities that understand how law enforcement can
protect them, and that outreach to law enforcement will not
#TransnationalRepression