[Congressional Record Volume 164, Number 146 (Tuesday, September 4, 2018)]
[House]
[Pages H7817-H7820]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                             MICHAEL NGUYEN

  The SPEAKER pro tempore (Mr. Hollingsworth). Under the Speaker's 
announced policy of January 3, 2017, the gentlewoman from California 
(Mrs. Mimi Walters) is recognized for 60 minutes as the designee of the 
majority leader.


                             General Leave

  Mrs. MIMI WALTERS of California. Mr. Speaker, before I begin, I ask 
unanimous consent that all Members may have 5 legislative days in which 
to revise and extend their remarks and include extraneous materials on 
the topic of my Special Order.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from California?
  There was no objection.
  Mrs. MIMI WALTERS of California. Mr. Speaker, we gather here this 
evening to demand the immediate release of Michael Nguyen, an American 
citizen and Orange County resident, who has been detained by the 
Vietnamese government for nearly 2 months without cause.
  Michael, a loving husband and father of four, owns a small printing 
business and is actively involved in his community and church. He is a 
law-abiding citizen with no criminal record in the United States
  Michael traveled to Vietnam on June 27, 2018, to visit family and 
friends. When he did not return home on July 16 as planned, his family 
grew worried and contacted my office.
  They learned through social media Michael had been imprisoned by the 
Vietnamese government. On July 31, the State Department was able to 
confirm Michael's detainment.
  We now know he has been imprisoned for allegedly violating Article 
109 of the Vietnamese criminal code, activities against the government.
  Article 109 is an arbitrary and vague charge the Vietnamese 
government often uses to justify baseless arrests. Michael could be 
held for months without formal charges as the Vietnamese government 
investigates.
  During this time, Michael will be denied access to an attorney or 
direct communication with his family. State Department officials are 
only allowed to visit Michael once a month.
  The Vietnamese government has refused repeated requests to provide my

[[Page H7818]]

office with evidence to substantiate Michael's arrest. In a perversion 
of justice, the Vietnamese legal system allows individuals like Michael 
to be arrested and languish in prison before its government even begins 
an investigation or collects evidence.
  Michael's detainment is only the most recent example of Vietnam's 
troubling human rights record and lack of a transparent legal system.
  Earlier this year, the Vietnamese government unjustly detained 
William Nguyen, an American citizen of no relation to Michael.
  I am deeply concerned for Michael's safety and well-being and I 
demand his immediate release.
  Mr. Speaker, I would like to commend the Nguyen family's strength 
during this trying time. I am inspired by their love for Michael and 
determination to bring him home.
  Michael's wife, Helen, is a nurse, who works long hours with many 
emergency on-call days. Michael's flexibility as a small business owner 
allows him to be the primary caregiver for their four young daughters.
  His absence is devastating the entire Nguyen family. This American 
family should not have to spend one more day worrying and wondering 
when Michael will return home.
  Michael's story has touched many people. Several of my colleagues who 
have heard of Michael's detainment have joined my fight to secure his 
release. I am grateful for their support and their willingness to join 
tonight's Special Order.
  We will not stop until Michael is returned home safely, and will 
continue to put ongoing, relentless pressure on the Vietnamese 
government. I am committed to bringing Michael home so he may be 
reunited with his family, and will stop at nothing to make this happen.
  Mr. Speaker, now it is my privilege to yield to the gentleman from 
California (Mr. Royce), a fellow Orange County resident and esteemed 
chairman of the Foreign Affairs Committee. I yield to Congressman 
Royce, representing the 39th District of California.
  Mr. ROYCE of California. Mr. Speaker, let me begin by thanking the 
gentlewoman from California for yielding to me. And I do want to 
commend my colleague, Mimi Walters, for organizing this Special Order. 
I want to commend her for her tireless effort here for the release of 
her constituent by the name of Michael Nguyen, someone whose family I 
happen to know. I rise today to request that the government of Vietnam 
release an American citizen.
  If I could just share with you my observations about this situation. 
We are really speaking out on behalf of a U.S. citizen from Orange, 
California, who was detained, as the Congresswoman shared with you, on 
July 7. And what I wanted to share with you is he was touring Vietnam 
and visiting elderly relatives. I think it is a very commendable thing 
that he does, that he stays in touch, he tries to do this once a year, 
to see his elderly relatives in Vietnam.
  We have been informed that he is under investigation for engaging in 
activity against the People's government, which in this case is a 
spurious charge that the Vietnamese government is using to justify an 
arbitrary detention of a U.S. citizen.
  Now, this is an individual who is deeply missed by his wife and four 
daughters, the youngest of whom is only 8 years old. Michael's family 
has seen their entire lives turned upside down because of this 
senseless ordeal.
  Now, as I shared with you, I know the family, I know his wife, Helen, 
who works in healthcare in Orange County, and I can tell you what she 
and the daughters would tell you: This fellow is a loving husband, a 
doting father. The kids really enjoy his sense of humor. He is the guy 
that gets up, and because of his schedule as a small businessman, he is 
able to make breakfast for the girls every morning. He enjoys taking 
them to school, to the dance classes, to the sports practices.
  As school begins again back here in the United States, it is usually 
a time of excitement, but also nervousness, for young students. So our 
hearts especially go out to his four daughters, who are being forced to 
navigate the new school year without their father.
  While his family suffers without him at home, Michael remains 
detained in a Vietnamese prison. While in detention, he is provided 
only one meal a day and is allowed to buy a bowl of soup extra a day 
from the canteen. Michael is 54 years old. He cannot and should not be 
subjected to such treatment.
  It is really imperative that we speak out, because Michael could be 
detained for months on end. Some prisoners are held for years on these 
bogus charges.
  This situation is deplorable. Michael's case is an egregious example 
of Vietnam's troubling history of arbitrary arrest. My fear for 
Michael's safety is the same fear that you have already heard 
Congresswoman Mimi Walters share with you. We do fear for his safety. 
We want him returned to his family here in the United States.
  The United States has a growing relationship with Vietnam, 
particularly in security and in the trade arenas. However, human rights 
remain a core value to us here in the United States, and we cannot 
separate rights, those rights, from our own ongoing engagement with the 
Vietnamese government. If you abuse our citizens, there will be 
consequences.

  All levels of the U.S. government should make every effort to ensure 
Michael returns safely to his family without delay.
  So here again is my request: Just allow this citizen to return back 
to his family here in the United States.
  Mr. Speaker, I very much appreciate, again, Congresswoman Mimi 
Walters for organizing this Special Order today.
  Mrs. MIMI WALTERS of California. Mr. Speaker, I thank the gentleman.
  Mr. Speaker, I now introduce my friend from Orange County who serves 
on both the Veterans Affairs and Homeland Security Committees. I yield 
to the gentleman from California, Congressman Lou Correa, representing 
California's 46th Congressional District.
  Mr. CORREA. Mr. Speaker, I thank Congresswoman Walters for bringing 
this most important issue to the attention of the American public.
  Mr. Speaker, I rise today as well to address the issue of Mr. Michael 
Phuong Nguyen, an American citizen and a resident of Orange County, who 
is currently being detained by the Vietnamese government.
  As Representative Royce just said, we seem to be enjoying a stronger, 
closer relationship with Vietnam on trade and security. Then we have 
this contradiction, a contradiction that an American citizen is being 
detained.
  On July 7, Michael Phuong Nguyen was touring Vietnam, visiting 
relatives, and he was arrested. It has been almost 2 months. The charge 
is penal code 109, which is activity against the People's government, 
yet there are no facts that have been presented, no evidence. He is 
being held. He has been arrested with no evidence being presented.

                              {time}  2045

  His wife and his family, they are also personal friends of mine. I 
know this family. They are strong members of our community. That is why 
I don't understand how Michael could have been arrested in Vietnam.
  I ask the Government of Vietnam to please release Michael. Please 
release him back to his family and to his country, the United States of 
America.
  Mrs. MIMI WALTERS of California. Mr. Speaker, I would now like to 
welcome Congressman Alan Lowenthal, the co-chair of the Congressional 
Caucus on Vietnam.
  I yield to the gentleman from California (Mr. Lowenthal) of 
California's 47th Congressional District.
  Mr. LOWENTHAL. Mr. Speaker, first, I, too, would like to thank my 
colleague, Representative Walters, for yielding and for holding this 
Special Order. I would also like to thank Representatives Correa, 
Royce, LaMalfa, and Green for joining us.
  Well, we are here once again, and I am outraged. We are speaking on 
behalf of another American citizen, and that is really important, an 
American citizen who was arbitrarily detained. He was imprisoned on 
vague allegations by the Communist Government of Vietnam.
  Let's understand who we are talking about, as has been pointed out.
  Michael Nguyen is a father of four daughters. He was on a trip to 
Vietnam with his family--really, with his friends, not so much his 
family but friends. When he didn't return home at

[[Page H7819]]

the end of the trip, his family frantically contacted officials.
  Let's see what happened.
  He was taken off a bus, as he was traveling from the city of Da Nang 
to Saigon, by public security officials. He was then detained, 
imprisoned, and neither his family, and what is also important, nor the 
United States Government were notified until after 10 days after he was 
arrested.
  As part of an agreement between the Government of Vietnam and the 
United States, the Vietnamese Government must notify the United States 
within 96 hours if they have arrested an American citizen, which they 
have failed to do.
  Since then, we have learned very little about why Michael was 
detained. The government claims, the Vietnamese Government, that he 
posted on Facebook a plot to overthrow the government, but they have 
not shown us any evidence that this occurred.
  I have also met with Michael's family and his wife, Helen, and they 
are stunned. They are hurt. They are confused. They are angry. How 
could this happen to an American citizen who was just visiting Vietnam?
  As was pointed out, just a few months ago, another American visiting 
this country was wrongly detained and coerced into confessing his crime 
for merely engaging in a peaceful protest. And that, as we have heard, 
was William Nguyen. He was beaten. He was placed in jail. He has been 
finally released and returned to America because the charges against 
him were also bogus.
  In part, he was released because a significant number of Members of 
Congress stood up and championed his cause. And, again, I thank 
Congresswoman Walters for leading that charge. That is exactly why we 
are here in Congress: to defend the rights of American citizens.
  Michael is yet another victim of Vietnam's egregious human rights 
violations. As was pointed out, we have engaged in economic development 
with Vietnam. We have a closer relationship economically with Vietnam, 
but they have consistently violated human rights of the citizens of 
Vietnam or anyone who speaks out, anyone who engages in religious 
freedom. They are an oppressive, prosecutorial society that does not 
allow any dissent.
  As one of the co-chairs of the Congressional Caucus on Vietnam, I 
joined with my colleagues of the caucus in support of the Vietnam Human 
Rights Act, which invokes sanctions per the Magnitsky Act, which not 
only imposes financial and travel restrictions for human rights 
abusers, but it also calls upon the Vietnamese Government to release 
those political prisoners and to stop arresting citizens who just 
champion human rights, freedom, and democracy.
  This bill that we are pushing through Congress--and this will push us 
further toward accomplishing this goal--would also make the sale of 
military equipment or services to Vietnam conditional on improvement in 
human rights, and this is one of the classic examples of the lack of 
human rights that goes on.
  So I call upon the Government of Vietnam to quickly close this case 
and return Michael Nguyen to his family. It is unconscionable that any 
American of Vietnamese descent or any American who criticizes the 
Vietnamese Government--I am not saying that Michael did, but anybody 
who speaks out, anyone--must fear that they are going to be arrested.
  If these incidents continue to occur, this is going to lead to a 
serious reevaluation of our economic and diplomatic relationships with 
Vietnam. I call upon the government to do the right thing.
  Michael was just visiting. He has done nothing wrong. Please release 
Michael Nguyen back to the United States.
  Mrs. MIMI WALTERS of California. Mr. Speaker, my next colleague is an 
active member on the Natural Resources, Agriculture, and Transportation 
and Infrastructure Committees.
  I yield to the gentleman from California, Congressman Doug LaMalfa, 
representing California's First Congressional District.
  Mr. LaMALFA. Mr. Speaker, I thank my colleague, Mrs. Walters from 
southern California, for leading the charge tonight on yet another 
example of a United States citizen being detained or arrested falsely.
  At this point, 59 days into the process, no actual charge has been 
brought against Michael Nguyen. Is this justice or is this some kind of 
game they are playing with our citizens that isn't appreciated by our 
country and, certainly as my colleague, Mr. Lowenthal, was mentioning 
just a minute ago, that is something that, if it continues to happen, 
we have to continue to reevaluate our relationship with Vietnam?
  Now, obviously, we went through some very difficul times in the 1960s 
and 1970s, but we have been building on that for a long time. We want 
to build on that. We want to have those good relationships and good 
trade and all of the opportunities that make our country, as well as 
theirs, stronger with positive economics. But that is very difficult 
when you have this kind of action going on against a United States 
citizen where, in this country, we enjoy due process; we foster due 
process; we encourage that.

  And so for those whom we trade with, those whom we have partnerships 
with, those whom we want to have relationships with, we want to not 
only encourage that, but demand that, for the way our citizens are 
treated.
  In California, we have a very strong population of Vietnamese 
immigrants and people from the region who have immigrated to our State, 
including in my own district, who have been very enterprising and 
become part of the community in the few decades they have been here 
now. Why would we not want to continue to battle for these citizens if 
they are going to travel back to Vietnam for whatever purpose: tourism, 
business, or seeing relatives that maybe didn't come over to the United 
States?
  So we are here tonight to demand the release of Michael Nguyen as a 
citizen of the United States and as a citizen of California.
  Michael's family has been wondering for a long time what is going on 
with their loved one. It has taken weeks to find out through some kind 
of update as to what Michael's status is.
  So we strongly, joining in with our bipartisan coalition of Members 
here tonight, demand General Secretary Trong and the Socialist Republic 
of Vietnam respect the rights of our citizens and consider again the 
consequences that might come should this illegal imprisonment continue 
or there be more like it in the future.
  So we will continue to work together with Congresswoman Walters and 
our Secretary Pompeo to ensure that Michael is returned to his family 
as soon as possible because, again, he hasn't even been charged with 
anything other than being a U.S. citizen in Vietnam. It is high time 
that he has his rights restored and not have this be harmful to him, 
his family, and our relationships.
  Mrs. MIMI WALTERS of California. Mr. Speaker, my next colleague 
proudly represents Michael Nguyen's family members who live in the 
Houston area.
  I now yield to Congressman Al Green of Texas, who represents the 
Ninth Congressional District.
  Mr. AL GREEN of Texas. Mr. Speaker, I rise tonight as a proud 
American. I am proud of the country's due process laws.
  In this country, you don't go to jail indefinitely. In this country, 
you don't just get picked up. In this country, you are entitled to have 
a lawyer upon realizing that you are being charged. I am proud to be an 
American.
  Tonight, I rise on a mission of mercy, understanding that one of our 
own, an American citizen, is being detained without charges, no lawyer, 
and little knowledge of what has happened to him.
  Imagine, if you will, Mr. Speaker, a wife anticipating her husband's 
arrival. He is supposed to arrive at the airport with a friend on July 
16. She finds out that her husband is not on the plane. She contacts 
the airline. They indicate that he was not among those to be on the 
plane.
  She then panics, as anyone would, and she uses every means necessary 
to try to ascertain what has happened to her husband. She finds out by 
way of social media that, on or about July 6, he was detained and that 
that detention is something that she can get very little information 
about.
  She is upset. She and her children are upset. They don't know what 
has happened to this husband, this father. So

[[Page H7820]]

they reach out to their congressional Representative--who has done an 
outstanding job, I might add. Congresswoman Walters immediately did 
that which is necessary to protect an American citizen. She contacted 
the necessary authorities, contacted the Secretary of State, contacted 
the Ambassador, wanted to know what his condition was, and wanted to 
know if he was in good health. She found out that he is okay, but has 
not been charged.
  Mr. Speaker, we, in this country, understand that when one of us is 
being detained unjustly, every one of us has a responsibility to do 
what we can to get that person released. Any American being held is 
something that every American is concerned about.
  Every Member of this House will take the position, I am confident, 
that an American being detained unjustly should be released 
immediately.
  So I rise tonight, Mr. Speaker, on a mission of mercy asking the 
Government of Vietnam to release this American citizen. He has not been 
charged. He has no lawyer. He has friends and family who are waiting 
for his return.
  He was there as a visitor seeing friends. This is something that he 
has done on previous occasions. I ask that he be released so that he 
may be returned to his family.
  In this country, we protect our own. He is one of us, and we want him 
back. And we want him back right away.
  I commend all of my colleagues for what they have said tonight, and 
we will shine additional light on this issue. We will not rest until he 
comes home where he belongs.
  Mrs. MIMI WALTERS of California. Mr. Speaker, when I told Michael's 
family I would be hosting this Special Order, I asked if there was any 
message they wanted me to share on their behalf. I would now like to 
read a personal statement from the family.

                              {time}  2100

  Michael Phuong Nguyen has been unlawfully detained for over 60 days. 
He longs for the comfort of his family profoundly and deserves 
immediate attention to return to the United States.
  Michael's wife and four children urgently and desperately appeal to 
all Members of Congress, right now, to take actions to bring Michael 
Nguyen back home to his family where he belongs. All four girls are 
experiencing heartfelt anxiety, affecting their school and emotional 
well-being. He plays a crucial role in his four daughter's livelihood 
and needs to be where his heart belongs, with his family.
  Our prayers are with Michael Nguyen's family, and we want them to 
know we will do everything in our power to bring him home.
  Again, I thank my colleagues for joining me this evening to support 
my constituent Michael Nguyen. We will not stop working until Michael 
is released and returned safely to his family.
  Mr. Speaker, I yield back the balance of my time.

                          ____________________