Extradition from Mexico to the USA

Many countries are coming together to fight crime by entering into agreements on international extradition. It allows for the identification, apprehension, and return of a criminal who has committed a serious offense from the country where they are hiding back to the country where the crime was committed, for trial or to serve their sentence. In the case of extradition from Mexico to the USA, this is particularly relevant due to the proximity of the borders between the two countries and the large number of cases related to drug trafficking, corruption, and other serious crimes.

Mexico’s extradition to US and from the USA to Mexico is carried out based on close cooperation and international agreements. Let’s take a look what is extradition, how the extradition system works between these countries, and what laws govern this process.

The Mexico extradition process is governed by several key legal documents. Among them are the Constitution of Mexico, the Federal Law on International Cooperation in Criminal Matters, as well as various bilateral and multilateral treaties signed with other countries.

But does the Mexican government have an extradition treaty with the US?

Yes, such an agreement exists to allow these countries to actively cooperate in combating crime. The process is handled through the U.S. Justice Department’s Office of International Affairs and Mexico’s judicial system through the Ministry of Foreign Affairs. However, the process of transferring individuals is always accompanied by strict legal checks.

Mexico cooperates with more than 30 countries, including the US, Canada, Spain, the United Kingdom, France, Germany, Italy, and Australia. There are also agreements with Latin American states such as Argentina, Brazil, Colombia, and Chile.

Extradition between the United Mexican States and countries with which it has extradition treaties is possible only for certain categories of crimes. These crimes must be sufficiently serious and criminally punishable in both countries (the principle of “dual criminality”). Among these crimes, the following can be highlighted:

The main principle of extradition is the protection of human rights. That means that Mexico can refuse to have a Mexican or foreign national extradited if the requesting country has the death penalty or there is a threat of torture.

An important condition remains the adherence to the principle of “dual criminality”. This means that the crime for which extradition is requested must be criminally punishable both in Mexico and in the requesting country.

Mexican laws governing extradition are based on the country’s Constitution, the Federal Law on International Cooperation in Criminal Matters (Ley de Cooperación Internacional en Materia Penal), and the National Code of Criminal Procedure (Código Nacional de Procedimientos Penales). These legal statutes define the rules and procedures for interaction with other countries regarding extradition. The laws protect the rights of suspects and the accused.

International treaties play a crucial role. The primary document governing extradition from Mexico to the USA is the Extradition Treaty between the USA and Mexico, signed in 1978. This treaty details the conditions under which a suspect can be extradited to the other party.

According to the treaty between Mexico and the USA, both countries are required to provide each other with all necessary information for considering cases of extradition from Mexico. However, even with an agreement in place, the extradition process can be lengthy due to the need to follow all legal procedures and thoroughly review the evidence presented.

Although Mexico has extradition agreements with most major countries, there are nations with which it does not have such treaties.

Which Countries Have No Extradition:

When there is no formal agreement between countries, the process of extraditing a suspect becomes significantly more complicated. In such instances, Mexican authorities may consider extradition based on the principle of reciprocity. This requires additional diplomatic efforts and does not guarantee a successful outcome.

The absence of an extradition treaty means that a country has more opportunities to refuse the handover of a Mexican national. This is particularly relevant in situations where the request comes from a country with a less developed legal system or where human rights violations are possible.

Next, the case is taken to court. The judge reviews the request and determines whether it meets the requirements of the law. Special attention is given to human rights. For example, if the requesting country has the death penalty for the crime in question, Mexico will refuse extradition, as the death penalty is prohibited in the country.

If the court issues a favorable decision, the final say remains with the Ministry of Foreign Affairs. It makes a political decision based on international relations and national interests. Only after this is the individual handed over to the requesting party.

The process can take months or even years. Delays can be caused by the complexity of the case, a lack of evidence, or numerous appeals from the suspect. The accused person has the right to defend themselves, hire lawyers, and appeal court decisions.