What happens during an arrest in Mexico under a U.S. warrant? Extradition process 2025
An arrest in Mexico under a warrant issued in the USA for serious crimes is an event that immediately triggers a complex and often lengthy legal process, governed by the extradition treaty. But unlike your typical Hollywood scene with an instant handover at the border, it’s a clash of two sovereign legal systems. Each extradition request is governed by international treaties and domestic Mexican legislation, particularly when it involves cases related to drug trafficking.
If you or your loved one is arrested in Mexico under a U.S. warrant, you are immediately entering a battle against extradition from Mexico. That’s where understanding these legal procedures, your fundamental rights, and the mechanisms of protection available becomes crucial.
When detained, the U.S. authorities aim to return you to their territory for trial. Your defense will seek to use Mexican laws to challenge or block this transfer. This process is full of legal nuances, where the slightest mistake or delay, such as presenting insufficient evidence, can have irreversible consequences.
Extradition Agreement between the USA and Mexico
The extradition process between Mexico and the United States is based on their 1978 bilateral agreement and international law. This agreement establishes the legal framework between the requesting country and the requested party when a suspect is detained by authorities in one country.
The agreement defines which crimes extradition is requested for, including financial fraud, money laundering, organised crime, and other serious offenses. This legal process is primarily based on the principle of dual criminality, which requires the extraditable act to be considered a crime in both USA and Mexico.
The principle also requires the crime to be punishable by imprisonment for at least one year. However, the extradition treaty between the USA and the requesting country, Mexico, also establishes clear exceptions where extradition may be refused.
The Mexican Government will not extradite a person if:
- The crime is of a political nature. This is a classic reservation in most bilateral extradition treaties, although it is difficult to prove the political nature of the crime in relation to the USA.
- The statute of limitations has expired under Mexican or American law.
- The requested person faces the death penalty or torture. Mexico’s federal law on international extradition categorically refuses extradition on such charges unless the USA provides legally binding guarantees that the death sentence will not be imposed or carried out.
- The person has already been convicted or acquitted in Mexico for the same crime (the principle of ne bis in idem).
Extradition vs immediate deportation
It is critically important to understand that the law enforcement authorities have two completely different paths for your transfer to the USA, and having comprehensive legal support can make a significant difference. The choice of path determines whether you will have any rights to defense at all.
- The formal extradition process: This is an official, legal path provided by the 1978 treaty. It is slow, bureaucratic, and, most importantly, gives you the right to full legal protection in Mexican courts, including the Mexican Amparo process.
- Informal deportation (expulsion): This is the fast track that U.S. law enforcement often prefers. In this scenario, you are arrested not through Interpol or an extradition request, but by the forces of the Mexican National Institute of Migration (INM).
Under the fast track, U.S. authorities notify INM that you are in Mexico and are wanted. INM cancels your visa (tourist or residency) because you provided false information upon entry (concealing the existence of a warrant) or because your presence harms national interests, especially in cases involving drug trafficking. You are detained for an administrative immigration violation. Within 24-72 hours, you are placed on a plane bound for the U.S., where federal marshals are already waiting for you at the airport.
This method completely bypasses the extradition treaty and deprives you of the right to a trial. The only way to combat this is through preemptive actions.
If the authorities have taken the official route, the extradition procedure in Mexico will be lengthy and structured, particularly in cases that require careful compliance. It consists of several clearly defined stages.
Formal process of extradition from Mexico (Provisional Arrest)
The process almost always begins with a preliminary arrest in Mexico. Here’s how it happens:
The U.S. Department of Justice (DOJ) is sending an urgent request to its Mexican counterparts, to the Office of the Attorney General of the Republic (FGR). This request is based on an active American arrest warrant and is often supported by an Interpol Red Notice.
Based on this request, a Mexican federal judge issues a warrant for provisional arrest pending international extradition. You are being detained by Mexican federal agents (AIC) and placed in a federal prison (for example, Altiplano or Reclusorio Norte) intended for holding individuals from the requesting country awaiting extradition. From this moment, the U.S. authorities have 60 days (according to Article 11 of the Treaty) to provide a complete, formal request for extradition through diplomatic channels.
Judicial phase of the process
When the formal request is received, the judicial part begins. Your case is transferred to a federal district judge. However, the Mexican judge will not consider your American case on its merits.
The Mexican judge will not decide whether you are guilty or not. The judge’s task is exclusively to verify compliance with the Agreement.
He analyzes documents from the USA and determines:
- Does the crime correspond to the principle of double criminality?
- Did the USA provide sufficient evidence (according to the standard of probable cause) to substantiate the accusation?
- Does the case not fall under one of the exceptions (political, statute of limitations, death penalty)?
Your Mexican lawyer presents their initial objections at this stage. As a result, the judge issues their opinion — whether they recommend extradition or not. This opinion is not final.
Diplomatic phase — SRE Solution
The opinion of the judge (together with the entire case) is sent to the attorney general’s office and the Ministry of Foreign Affairs of Mexico (Secretaría de Relaciones Exteriores — SRE).
It is specifically the SRE, not the court, that makes the final political and legal decision on extradition. The Minister of Foreign Affairs may agree with the judge or reject their opinion. The SRE may deny extradition, even if the court has approved it, if it considers that the extradition would violate national sovereignty, human rights, or other principles of the Mexican Constitution.
As soon as the SRE issues an official ruling (Acuerdo) on your extradition, as determined by the requesting party the most important phase of your defense begins.
Rights of the Detained: What You Need to Know
If you are arrested in Mexico on a U.S. warrant, you have certain rights under federal law and the executive authority of the U.S . Knowing and immediately exercising them can determine the entire outcome of the case.
The right to consular assistance: You are a U.S. citizen arrested in Mexico. According to the Vienna Convention on Consular Relations, you have the right to demand that the Mexican authorities immediately notify the U.S. Embassy or Consulate of your detention.
- What the consulate will do: They can visit you in prison, ensure humane conditions of detention, provide a list of local Mexican lawyers, and help you contact your family.
- What the consulate will NOT do: Consular officers are not your lawyers. They cannot provide legal advice, represent you in court, pay bail, or secure your release. Their role is humanitarian and observational.
The right to a Mexican lawyer: This is your most important right. An American lawyer does not have the right to practice in Mexican courts. You immediately need an experienced Mexican lawyer (abogado) who specializes specifically in extradition cases and Amparo procedures. He will be your only defender in this process.
Rights within the process: You have the right to be informed of the reasons for your arrest and the charges brought by the USA. You have the right to present evidence in your favor (within the limited jurisdiction of the extradition court) and to challenge the legality of your detention, especially in cases concerning double jeopardy or other crimes.
Mexican Amparo process (Juicio de Amparo)
Here we have reached the main battlefield in the fight against extradition from Mexico, which may eventually involve appeals to the Supreme Court. When the SRE makes the final decision on your extradition, your lawyer immediately files an Amparo lawsuit (juicio de amparo).
The Amparo process is a unique and extremely powerful mechanism in the Mexican legal system, governed by the national code of criminal procedures, código nacional de Procedimientos. It is a constitutional lawsuit filed against the action of any government body (in this case, against the SRE order) if this action violates your constitutional rights enshrined in the Constitution of Mexico and is related to organized crime.
The filing of an Amparo lawsuit immediately suspends (freezes) the execution of the extradition order. You cannot be handed over to the USA until the Amparo court (first the district court, and then possibly the collegiate court) issues a final decision on challenging extradition. This process may take years, depending on the interpretation of the code of criminal procedure.
Your lawyer will look for grounds for contesting. These grounds are strictly regulated and may include:
- Violation of procedural norms: SRE or the judge made an error in the application of the Extradition Treaty.
- Insufficiency of evidence: The documents provided by the USA do not meet the standards required by the Treaty.
- Violation of constitutional rights: Extradition will expose you to the risk of torture, inhuman treatment, or (in some cases) life imprisonment without the possibility of parole, which may be challenged as a violation of human rights under Mexican standards.
- Error in double criminality: The act you are accused of does not have an exact equivalent in the Mexican Criminal Code.
The Mexican Amparo process is a long, complex, and highly technical legal battle. It is a marathon, not a sprint.
Informal issuance: Threat of immediate deportation
It is worth emphasizing once again the danger of the fast track. If you are detained by migration service (INM) officers and not federal agents (FGR/AIC), you are in big trouble. This almost certainly means that the authorities of the USA and Mexico have agreed on your immediate deportation, bypassing the entire legal process in Mexico, especially in cases involving criminal groups.
In this situation, you do not have the right to an extradition court. You do not have the right to a hearing in SRE.
The only protection against this is the so-called preventive Amparo (amparo indirecto). An experienced Mexican lawyer can file this lawsuit as soon as you feel at risk of arrest (for example, if you are being tracked or interrogated). This Amparo can temporarily block your deportation by immigration services and force the authorities to move your case into the formal extradition process, where you will have the right to a defense.
How long does it last?
For those going through this process, understanding the timelines is critical. The reality is that a provisional arrest in Mexico can last a very long time.
Informal deportation: 24–72 hours. Formal extradition (without contesting): 3–6 months. Formal extradition (with contestation through Amparo): 1–4 years.
All this time, while the Amparo trials are ongoing, you will be held in a Mexican federal prison. The conditions in these facilities can be very harsh, raising concerns that intersect with international affairs, particularly involving groups like the Sinaloa cartel and other criminal groups that operate in the region, which is a concern shared by many countries . This is part of a pressure strategy aimed at forcing you to surrender and voluntarily agree to extradition.
Do you need urgent legal assistance in Mexico?
If you or your loved one is facing arrest, the risk of extradition, or deportation from Mexico to the USA, you need to act immediately. Every minute counts.
Our team of lawyers specializes in cross-border criminal cases, extradition defense, and Amparo procedures in Mexico. We work with a network of experienced Mexican attorneys ready to provide full legal support, immediately take on the case, visit the detainee, and begin your defense process.
Contact us for an urgent and confidential consultation. We will help you assess the situation, understand your rights, and develop a strategy to fight extradition.
