Lawmakers, experts discuss legal routes to bring detained Americans home

During questioning, commissioners and expert witnesses examined legal and diplomatic mechanisms the United States could use to secure transfers or releases of Americans detained in China.

Peter Humphrey described the 2018 PRC law on international judicial assistance in criminal matters and said it creates a non‑treaty, case‑by‑case pathway for foreign governments to request prisoner transfers via China’s Ministry of Justice and Ministry of Foreign Affairs. "The law provides a non treaty pathway to do something similar on a case by case, individually negotiated basis," Humphrey said, and noted France has used similar mechanisms.

Senator Merkley and other commissioners pressed whether the U.S. government had explored this option. Humphrey said he was not aware that the United States had pursued such transfers, and witnesses argued that U.S. law or policy has been interpreted to require a formal transfer treaty even where Chinese law does not.

Witnesses and commissioners also referenced the Robert Levinson Hostage Recovery and Hostage‑Taking Accountability Act and the SPEHA designation process as existing tools that families say have been applied inconsistently. David McMahon’s written testimony, entered into the record, asked why some qualifying cases were not placed on SPEHA lists and urged greater transparency.

Lawmakers and Humphrey urged Congress to consider legislative steps and Magnitsky‑style measures aimed at holding responsible officials and creating clearer U.S. procedures for prioritizing wrongfully detained citizens. No formal legislation was voted on at the hearing, but commissioners said they would pursue follow‑up and may draft proposals.