Extradition refers to the transfer of an accused criminal from one country to another. In the best of circumstances, extradition reflects a fundamental agreement between civilized nations that sufficiently serious crimes must not go unpunished. However, extradition is often used for political purposes, not just legal ones.
Extradition treaties span hundreds of nations, resulting in a certain degree of complexity. US extradition law is particularly complex due to the number of separate treaties to which it is a signatory. Typically, extradition is only used for “extraditable offenses” (i.e., offenses included in an extradition treaty between the requesting state and surrendering state). A central requirement to most extraditions is the concept of “specialty,” which insists that an extradited defendant be tried for the crimes on which extradition was granted, not another. This protects surrendered persons from indiscriminate prosecution and persecution by a receiving country. Another important concept is the doctrine of “dual criminality,” which refers to the requirement that an extraditable offense be a serious crime that is punishable under the criminal laws of both countries in the extradition transaction.
Many foreign nations oppose capital punishment and will not agree to extradite a defendant to another country (including the United States) if there is a possibility of the defendant receiving a death sentence. Similarly, many political offenses (crimes directed against the security or government of a nation, such as treason, sedition, espionage, murder during a revolution, etc.) are generally excepted from extradition treaties.
United States extradition law is a rapidly developing area of practice. If you have a question pertaining to extradition laws, you can review the materials below for additional resources. You should also contact a qualified, experienced attorney to help you navigate the confusing and complicated labyrinth of statutes, case law, and treaties involved with these matters. You can find attorneys in your area under the “Law Firms” tab, above, on the menu bar.
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Extradition Law - US
- ABA - International Law Committee
The policy of the International Law Section spans many topics. These topics can be browsed by clicking their links below, or by using the navigation menu on the right hand side of the page.
- Extradition - Overview
Extradition comes into play when a person charged with a crime under state statutes flees the state. An individual charged with a federal crime may be moved from one state to another without any extradition procedures.
- Extradition Law - Wikipedia
Extradition law in the United States is the formal process by which a fugitive found in one country or state is surrendered to another country or state for trial or punishment. For foreign countries the process is regulated by treaty and conducted between the Federal Government of the United States and the government of a foreign country.
- FBI - Extradition Enforcement
The very heart of FBI operations lies in our investigations—which serve, as our mission states, "to protect and defend the United States against terrorist and foreign intelligence threats and to enforce the criminal laws of the United States."
- Inter-American Convention on Extradition
The States Parties bind themselves, in accordance with the provisions of this Convention, to surrender to other States Parties that request their extradition persons who are judicially required for prosecution, are being tried, have been convicted or have been sentenced to a penalty involving deprivation of liberty.
- Mutual Assistance in Criminal Matters and Extradition - Treaties
The Hemispheric Information Exchange Network for Mutual Assistance in Criminal Matters and Extradition (the “Network”) has been in development since the year 2000, when the Third Meeting of the Ministers of Justice or of Ministers or Attorney Generals of the Americas (REMJA-III) decided to increase and improve the exchange of information among OAS Member States in the area of mutual assistance in criminal matters.
- Provisional Arrests and International Extradition Requests - Red, Blue, or Green Notices
One of INTERPOL’s most important functions is to help police in member countries share critical crime-related information using the organization’s system of international notices.
- UN Model Treaty on Extradition
In 1990, the United Nations General Assembly proposed a Model Treaty on Extradition, which establishes the principle that in the interest of control of crime, nations should execute bilateral agreements for international extradition of persons charged with indictable offenses. As defined by the U.S. Department of Justice, international extradition is the formal process by which a person found in one country is surrendered to another country for trial or punishment. The process is regulated by treaty and conducted between the Federal Government of the United States and the government of a foreign country.
- United States Constitution - Interstate Extradition Clause
A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime
- USDOJ - International Extradition and Related Matters - Criminal Resource Manual
International extradition is the formal process by which a person found in one country is surrendered to another country for trial or punishment. The process is regulated by treaty and conducted between the Federal Government of the United States and the government of a foreign country. It differs considerably from interstate rendition, commonly referred to as interstate extradition, mandated by the Constitution, Art. 4, Sec. 2.
Organizations Related to Extradition Law
- Extradition Lawyers’ Association
The ELA is a growing international forum. We offer access to lawyers for people and foreign governments involved in extradition proceedings. We organise training and conferences on extradition, and share with members a growing database of information about extradition law and practice, including national and international legislation and judgments.
- Fugitive Recovery Network - United States Directory
Throughout the Fugitive Recovery Network site you will find information for those in the bail bonds industry seeking a bail enforcement agent providing expert fugitive recovery services for bail bondsmen.
INTERPOL is the world’s largest international police organization, with 188 member countries. Created in 1923, it facilitates cross-border police co-operation, and supports and assists all organizations, authorities and services whose mission is to prevent or combat international crime.
- National Association of Extradition Officials
The National Association of Extradition Officials is a nonprofit corporation organized to educate, train, and support extradition officials in the respective states; to exchange information; to develop effective practices, procedures and policies relating to interstate and international rendition; and to enable such officials to become personally acquainted, thus promoting cooperation in securing uniformity in the adoption and interpretation of laws and procedures relating to interstate and international rendition.
Articles on HG.org Related to Extradition Law
- Understanding American Extradition LawsExtradition refers to the transfer of an accused criminal by one state or nation to another. The recent Snowden case has brought this issue to the forefront again, as the American government has expressed its desire to regain jurisdiction over Edward Snowden for leaking top-secret information about American intelligence gathering efforts.
- Asylum in the United States: Application, Court, and Asylum BenefitsA person who is fearing persecution in his/her country may request the Unites States government to provide protection by submitting an application form I-589 and supporting documents. The person must be physically present in the United States to do so. If a person is asking for protection outside the United States, the person is called a refugee.
- Immigration Issues – Where do Obama and Romney StandWe hope that both Candidates continue supporting the DREAMers, and higher-skilled immigrants (L1A,H1B,O1). The results of this year’s election can change the White House’s approach on immigration. The Presidential elections are less than one month away and both candidates are in a full-throttle attempt to persuade more people to vote for him rather than his opponent.
- How Do You Fight Deportation in the United States Immigration CourtIt is important for you to contact a lawyer if you are at a risk of getting deported or removed from the United States. After the Department of Homeland Security was established, the number of foreigners being deported out of the United States has increased exponentially. Fighting deportation in the immigration court has also become quite difficult after the changes made in the immigration law.
- A Nation Built on Immigrants, A Future Built on Immigration ReformWe expect there to be word forthwith on what needs to be filed for DREAMERS. Stay posted. We expect to advise next week. These actions have finally begun positive action towards immigrants. We hope this builds a momentum that will ultimately lead to more comprehensive reform.
- The Struggle for Freedom, Progress and a Law LicenseThe new policy for DREAMERS, while not perfect, finally gives some hope to this group after waiting for eleven years for the DREAM act to pass. The policy will allow these young people to be in the US under the auspices of the law and to obtain work authorization. We hope that the DREAM Act will soon pass.
- Parents of U.S. Citizens Often DeportedAccording to recent reports in USA Today, during the first six months of last year, 22 percent of the 211,000 deportations during that time involved parents of U.S. citizens.
- Re-entry Rules Relaxed for Pending Hardship Waiver ApplicantsEarlier this spring, the Department of Homeland Security published a proposal in the Federal Register – for public consideration and comment – that would relax the rules on bar to re-entry for foreigners residing here who are beneficiaries of pending family-based immigration petitions.
- Voter Registration: A Trap for Green Card HoldersIt happens more often than you might think and something to watch out for during this election year – a permanent resident’s name somehow appears on a voter registration list, and then he is denied citizenship and sometimes even deported.
- Petition for Review – 11th Judicial Circuit – JurisdictionThe question of jurisdiction is a hurdle that must be scaled before the court may consider any other question on review. The petitioner must present to the court a basis for its jurisdiction in law and in fact. Sanctions may be imposed against a petitioner who files a frivolous jurisdictional argument with the court.
- All Immigration Law Articles
Articles written by attorneys and experts worldwide discussing legal aspects related to Immigration including: extradition, green cards, naturalization and citizenship, visas, work permits and visas.