Mexico Extradites to Minnesota on Felony Warrants — Here's How
Yes. Under the U.S.–Mexico Extradition Treaty (1978, in force 1980), Mexico extradites individuals charged with felonies in Minnesota (or any U.S. state) to the United States.
Process
- Minnesota prosecutor prepares case → DOJ Office of International Affairs (OIA).
- OIA submits formal request via diplomatic channels to Mexico's Attorney General (FGR).
- Mexican judge reviews: dual criminality, evidence, treaty compliance, human rights.
- Secretary of Foreign Affairs (SRE) makes final executive decision.
- If granted: U.S. Marshals transport fugitive to Minnesota for prosecution.
Key Factors
- Dual criminality: Must be a crime in both countries (felonies qualify).
- Severity: Murder, kidnapping, sexual assault, major drug trafficking, fraud — high priority.
- Death penalty: Mexico requires assurance no death penalty sought (MN abolished it 1911 — not an issue).
- Statute of limitations: Must not have expired in Mexico.
Timeline
Typically 6–24 months from request to surrender. Complex cases (evidence gathering, appeals) can take longer.
Minnesota Specifics
Minnesota prosecutors work with DOJ-OIA and USMS. No special state-level treaty — federal treaty covers all states.