Date of Conferral

2022

Degree

Ph.D.

School

Public Policy and Administration

Advisor

Anne J. Hacker

Abstract

Abstract The U.S. Congress created and adopted the Foreign Sovereign Immunities Act (FSIA) to address foreign diplomatic immunity matters. The purpose of this generic qualitative study was to analyze the policy implications of implementing FISA by public administrators. Mettler and SoRelle’s policy feedback theory provided the theoretical foundation for this study. The area of interest for this study was the 50 U.S. states with a focus on two metropolitan areas that include a large diplomatic contingent. Data collected were 180 legal cases brought against foreign diplomats from 2016-2021. In addition, legal cases were retrieved from a legal database and analyzed for triangulation purposes. The methodology used was document content analysis where data were analyzed using a continuous iterative process. The data provided input to the research question which included legal cases from 2016-2021 that highlighted arguments and decisions that addressed errors in granting FSIA immunity. Results revealed that the language of FISA and its subsequent amendments are ambiguous. Thus, five themes emerged from the data: (a) frivolous foreign diplomat FSIA immunity, (b) FSIA foreign diplomat immunity, (c) consulate employees’ cases against foreign diplomats, (d) foreign diplomat human trafficking/abuse of domestic workers, and (e) remanded cases. The results of the study may lead to positive social change by encouraging policymakers to consider revising FSIA to account for continuous problems encountered and documented by public administrators when granting immunity to foreign diplomats.

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