Corrections_Today_Spring_2025_Vol.87_No.1

News&Views

U.S. STATE DEPARTMENT

Understanding Consular Notification and Access for foreign nationals in U.S. prisons By Celina Laserna

This article aims to provide a comprehensive overview of Consular Notification and Access (CNA) require ments for foreign nationals in U.S. prisons, highlighting the importance of complying with these obligations for legal reasons. A n adult male British nation al, was arrested and detained in USP Lee, Pennington Gap, VA. He asks if the consulate will be visiting. In this situation, what should the prison do? While foreign nationals are

life as other inmates, there are some unique requirements that apply specifically to foreign na tionals. They’re called Consular Notification and Access (CNA) requirements and fulfilling them is not only required by law but is also crucial for protecting U.S. citizens who are arrested or detained in foreign countries. What is Consular Notification and Access (CNA)? Consular Notification and Access (CNA) is the process of informing

a foreign government about the arrest, detention, or death of one of its nationals, and allowing that government to communicate with and assist their detained citizen. This process is governed by inter national treaties, most notably the 1963 Vienna Convention on Con sular Relations (VCCR), to which the United States and over 170 other countries are party. The VCCR mandates that foreign nationals be informed of their right to have their embassy or consulate notified upon arrest or detention. Who is considered a foreign national for U.S. law enforce ment’s CNA purposes? A foreign national, for the purpose of CNA requirements, is anyone who is not a U.S. citizen or national. This includes tourists, business travelers, students, lawful permanent residents, undocument ed foreign nationals, and even U.S. citizens who hold another national ity (although consular notification is not mandatory for these dual-na tionals who are also U.S. citizens).

subject to the same rules and regulations governing prison

Adobe Stock/Christian Delbert

Corrections Today | Spring 2025

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