Bill Overview
Title: Jamal Khashoggi Protection for Dissidents and Journalists Act of 2022
Description: This bill strips away sovereign immunity from a foreign state in certain legal proceedings where the plaintiff is seeking money damages for injuries or death caused by that foreign state's counter-dissident activities. (Generally, foreign states are immune from the jurisdiction of U.S. courts, including state courts, except in certain situations, such as when the foreign state has waived immunity.) The bill also makes inadmissible into the United States a non-U.S. national (alien under federal law) who has engaged in certain serious and extraterritorial counter-dissident activities on behalf of a foreign government, including actions to harass or harm journalists or activists.
Sponsors: Rep. McCollum, Betty [D-MN-4]
Target Audience
Population: Dissidents and journalists at risk of persecution globally
Estimated Size: 5000
- The population affected are dissidents and journalists globally who face persecution from foreign states.
- This includes individuals harassed or harmed by governments for their activism or journalistic work.
- The bill impacts those affected by counter-dissident activities where they could potentially file lawsuits in the U.S. for damages.
- The bill also impacts foreign nationals who cannot enter the U.S. if they have engaged in counter-dissident activities.
Reasoning
- The policy is mostly impactful for dissidents and journalists who face threats from foreign states, particularly those at risk of human rights violations. In the U.S., its direct impact is limited since U.S. journalists are generally protected domestically. However, it could indirectly benefit them by holding foreign actors accountable.
- The direct costs involve legal proceedings and barring foreign nationals, and the budget restricts the policy's reach. Given the small budget, not all individuals will be able to benefit from legal actions immediately. Legal proceedings are costly, and only a limited number can be supported within budget constraints.
- The target population size of journalists and dissidents affected globally is large, but only a subset resides or operates in the U.S. The policy primarily impacts those currently residing or seeking refuge in the U.S.
- Due to funding limits, the benefit may initially be minimal and concentrated on a few high-profile cases to set precedents.
Simulated Interviews
Investigative Journalist (New York, NY)
Age: 34 | Gender: female
Wellbeing Before Policy: 7
Duration of Impact: 5.0 years
Commonness: 8/20
Statement of Opinion:
- I think this policy could act as a deterrent for foreign actors who think they can silence us without consequence.
- It might not directly affect me since I'm based in the U.S., but it gives me peace of mind knowing there's legal recourse against foreign threats.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 7 | 7 |
| Year 2 | 7 | 7 |
| Year 3 | 7 | 7 |
| Year 5 | 7 | 7 |
| Year 10 | 7 | 7 |
| Year 20 | 7 | 7 |
Activist and Blogger (Los Angeles, CA)
Age: 27 | Gender: male
Wellbeing Before Policy: 5
Duration of Impact: 10.0 years
Commonness: 6/20
Statement of Opinion:
- This policy is a step in the right direction. Knowing I can seek damages in U.S. courts is reassuring.
- I doubt my case will be one of the top priorities due to budget limits, but it's a start.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 5 | 5 |
| Year 2 | 6 | 5 |
| Year 3 | 6 | 5 |
| Year 5 | 6 | 5 |
| Year 10 | 7 | 5 |
| Year 20 | 7 | 5 |
Lawyer for Human Rights NGO (Washington, D.C.)
Age: 45 | Gender: male
Wellbeing Before Policy: 8
Duration of Impact: 20.0 years
Commonness: 10/20
Statement of Opinion:
- From a legal perspective, this gives us new tools to hold perpetrators accountable.
- I hope it leads to a broader acceptance of such cases, but the actual impact will depend on witnessing outcomes from test cases.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 8 | 8 |
| Year 2 | 8 | 8 |
| Year 3 | 8 | 8 |
| Year 5 | 9 | 8 |
| Year 10 | 9 | 8 |
| Year 20 | 9 | 8 |
Freelance Journalist (Chicago, IL)
Age: 40 | Gender: female
Wellbeing Before Policy: 6
Duration of Impact: 5.0 years
Commonness: 12/20
Statement of Opinion:
- While it's a positive gesture, I don't see immediate personal impact unless I cover agents risking action against me.
- It might change the security landscape slightly for freelancers like me.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 6 | 6 |
| Year 2 | 6 | 6 |
| Year 3 | 6 | 6 |
| Year 5 | 7 | 6 |
| Year 10 | 7 | 6 |
| Year 20 | 7 | 6 |
Exiled Activist (Miami, FL)
Age: 50 | Gender: other
Wellbeing Before Policy: 4
Duration of Impact: 15.0 years
Commonness: 4/20
Statement of Opinion:
- The idea of bringing a case against my oppressors is empowering.
- However, the resources to pursue such cases seem limited, and I'm unsure of my chances.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 5 | 4 |
| Year 2 | 6 | 4 |
| Year 3 | 6 | 4 |
| Year 5 | 7 | 4 |
| Year 10 | 7 | 4 |
| Year 20 | 7 | 4 |
Tech Journalist (San Francisco, CA)
Age: 28 | Gender: female
Wellbeing Before Policy: 7
Duration of Impact: 3.0 years
Commonness: 15/20
Statement of Opinion:
- Being able to report without suggesting foreign repercussions adds safety.
- The policy needs time to make a real impact in tech spheres, but it's a good start.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 7 | 7 |
| Year 2 | 7 | 7 |
| Year 3 | 7 | 7 |
| Year 5 | 8 | 7 |
| Year 10 | 8 | 7 |
| Year 20 | 8 | 7 |
Political Asylum Seeker (Houston, TX)
Age: 55 | Gender: male
Wellbeing Before Policy: 3
Duration of Impact: 20.0 years
Commonness: 3/20
Statement of Opinion:
- This bill gives me hope that I'll see justice and it might deter future surveillance.
- I worry about the limited funding to cover all dissidents needing recourse.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 4 | 3 |
| Year 2 | 6 | 3 |
| Year 3 | 7 | 3 |
| Year 5 | 8 | 3 |
| Year 10 | 8 | 3 |
| Year 20 | 9 | 3 |
Documentary Filmmaker (Seattle, WA)
Age: 32 | Gender: female
Wellbeing Before Policy: 6
Duration of Impact: 5.0 years
Commonness: 10/20
Statement of Opinion:
- This act provides added confidence while I work, knowing there are legal protections.
- However, as it targets foreign actions mostly, change won't be quick or uniform.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 6 | 6 |
| Year 2 | 6 | 6 |
| Year 3 | 6 | 6 |
| Year 5 | 7 | 6 |
| Year 10 | 8 | 6 |
| Year 20 | 8 | 6 |
Human Rights Consultant (Boston, MA)
Age: 43 | Gender: male
Wellbeing Before Policy: 7
Duration of Impact: 10.0 years
Commonness: 7/20
Statement of Opinion:
- The move is symbolic but crucial for activists needing a legal shield.
- I'm skeptical until I see successful litigations under this law due to financial constraints.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 7 | 7 |
| Year 2 | 8 | 7 |
| Year 3 | 8 | 7 |
| Year 5 | 9 | 7 |
| Year 10 | 9 | 7 |
| Year 20 | 9 | 7 |
Student of International Relations (Atlanta, GA)
Age: 30 | Gender: female
Wellbeing Before Policy: 6
Duration of Impact: 3.0 years
Commonness: 9/20
Statement of Opinion:
- This policy's introduction represents a shift towards prioritizing human rights in diplomacy and international law.
- It encourages me to pursue a career where such protections can be expanded.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 6 | 6 |
| Year 2 | 7 | 6 |
| Year 3 | 7 | 6 |
| Year 5 | 7 | 6 |
| Year 10 | 8 | 6 |
| Year 20 | 8 | 6 |
Cost Estimates
Year 1: $5000000 (Low: $3000000, High: $8000000)
Year 2: $4500000 (Low: $2800000, High: $7500000)
Year 3: $4000000 (Low: $2500000, High: $7000000)
Year 5: $3500000 (Low: $2300000, High: $6500000)
Year 10: $3000000 (Low: $2000000, High: $6000000)
Year 100: $2000000 (Low: $1500000, High: $5000000)
Key Considerations
- The primary cost factor involves administrative resources for handling legal cases and visa screenings.
- Diplomatic tensions could rise as foreign states might react unfavorably to jurisdiction stripping in U.S. courts.
- Monitoring for visa denials ensures due process is observed for individuals accused under the act.