Yes, you can be extradited from Mexico to the United States. A bilateral treaty signed in 1978 governs the process, and Mexican cooperation has grown steadily, especially in the last few years. Formal extradition tends to be slow, averaging about 3.6 years from arrest to transfer, but Mexico also has a faster route available through direct expulsion under its national security law. Whether a request succeeds depends on the offense, the sentence involved, and how aggressively the person fights it in Mexican court.
Which Crimes Support an Extradition Request
The treaty runs on dual criminality. The conduct has to be a crime in both countries, and it has to carry at least one year of possible prison time under each country’s laws.1United Nations Treaty Series. Extradition Treaty between the United States of America and the United Mexican States If the request is to serve out an existing sentence rather than stand trial, at least six months of that sentence must remain.
An appendix to the treaty lists specific offenses, but the one-year rule is a catch-all: any crime that clears the threshold in both places qualifies, listed or not. Murder, kidnapping, drug trafficking, fraud, and money laundering are common. A 2026 study of extradition cases found money laundering charges in 32 of the cases analyzed, one of the most frequently cited offenses.2Center for Human Rights and Restorative Justice. Exporting Justice: Extradition and Expulsion from Mexico to the United States Attempts and participation in planning also count.
When Mexico Can Say No
Meeting dual criminality is not the end of the analysis. The treaty gives Mexico several reasons to refuse.
Political and Military Offenses
Mexico will not extradite for political offenses, and its executive branch decides what qualifies as political when there is a dispute.1United Nations Treaty Series. Extradition Treaty between the United States of America and the United Mexican States Attacks on a head of state and crimes both countries are bound to prosecute under a multilateral treaty cannot be relabeled as political. Purely military offenses are excluded entirely.
Expired Statute of Limitations
If the time to prosecute or punish has run out under the laws of either country, extradition must be denied. The defense can invoke whichever limitations clock has expired.
Double Jeopardy
If a Mexican court has already tried the person for the same conduct, Mexico will not hand them over to be tried again.
Death Penalty and Life Imprisonment
This is where serious cases usually get complicated. Under Article 8, Mexico can refuse extradition when the U.S. charge carries a possible death sentence, unless U.S. prosecutors give assurances that the death penalty will not be imposed or carried out.1United Nations Treaty Series. Extradition Treaty between the United States of America and the United Mexican States
Life imprisonment is a separate hurdle. Mexico’s constitution forbids “unusual penalties,” and in October 2001 the Mexican Supreme Court held that life sentences fall within that ban. After that ruling, Mexico began requiring U.S. guarantees that a life sentence would not be imposed before it would approve extradition.3Law Library of Congress. Extradition Treaty Between the United States of America and Mexico: Assurances on Death Penalty and Life Imprisonment Cases For years, hundreds of fugitives avoided transfer because prosecutors either could not or would not make that promise. Mexican courts have since eased the rule and will permit extradition in life sentence cases if there is a realistic possibility of parole. Mexico’s Ministry of Foreign Relations has set out specific requirements for what those assurances must look like, giving U.S. prosecutors clearer guidance.
Rule of Specialty
After extradition, prosecutors can only try the person for the offense that justified the transfer. Adding unrelated charges requires a separate request and Mexico’s approval.
Can Mexico Extradite Its Own Citizens
Article 9 says neither country is “bound to deliver up its own nationals,” but the executive “shall have the power to deliver them up if, in its discretion, it be deemed proper to do so.”1United Nations Treaty Series. Extradition Treaty between the United States of America and the United Mexican States Mexico has discretion, not an obligation. If it refuses to surrender a citizen, it has to submit the case to its own prosecutors, so a Mexican national cannot simply run out the clock at home.
Historically Mexico rarely handed over its own citizens. That has shifted. In 2025, dozens of Mexican nationals were transferred to the United States through a combination of formal extradition and national security expulsion procedures.4U.S. Department of Justice. 37 Mexican Nationals Wanted for Serious Crimes Transferred to the United States from Mexico
How Long the Process Takes
Extradition from Mexico is slow. A February 2026 study found the average time between arrest in Mexico and physical transfer to the United States was roughly 1,329 days, or about 3.6 years.2Center for Human Rights and Restorative Justice. Exporting Justice: Extradition and Expulsion from Mexico to the United States Waiving challenges shortens it. Fighting it lengthens it.
The formal steps go through diplomatic channels. The U.S. submits a request to Mexico’s Secretary of Foreign Relations describing the crime, the applicable laws, and enough evidence to justify a trial under Mexican law, with documents translated into Spanish and authenticated.2Center for Human Rights and Restorative Justice. Exporting Justice: Extradition and Expulsion from Mexico to the United States In urgent cases, the U.S. can ask for a provisional arrest first, but it then has 60 days to file the full request or the person must be released. A Mexican federal judge holds a hearing, checks dual criminality, examines the evidence, and considers any legal bars. The judge’s opinion goes to the Secretary of Foreign Relations, who makes the final call.
The single biggest source of delay in contested cases is the amparo, a constitutional remedy that lets someone challenge government actions that violate fundamental rights. Filing one triggers a separate round of judicial review and can add months or years. Mexican courts take amparo petitions seriously in extradition cases and have used them to block transfers where required sentencing assurances were missing. Negotiating death penalty and life imprisonment assurances adds its own delay on top.
Expulsion Is a Faster Alternative
Formal extradition is not the only route, and anyone counting on procedural delays to protect them should know that. Mexico has increasingly used its National Security Law to expel individuals directly, skipping most of the extradition process. In 2025 Mexico executed three mass transfers to the United States on an unprecedented scale, including one delivery of 37 Mexican nationals wanted for serious crimes.4U.S. Department of Justice. 37 Mexican Nationals Wanted for Serious Crimes Transferred to the United States from Mexico
Expulsion strips away most of the protections available in formal extradition. There is no full judicial hearing on the evidence, no amparo pipeline in the same form, and no negotiated sentencing assurances. The 2026 study found expelled individuals actually spent longer in Mexican custody on average, about 5.1 years, which suggests expulsion is sometimes used when formal extradition has stalled.2Center for Human Rights and Restorative Justice. Exporting Justice: Extradition and Expulsion from Mexico to the United States
After the Handover
Once Mexico approves extradition, the two governments coordinate a date and location for the physical transfer. If the person is not removed within the prescribed period, they must be released, and Mexico can refuse to extradite them for the same offense later.1United Nations Treaty Series. Extradition Treaty between the United States of America and the United Mexican States
In the United States, a federal judge or magistrate reviews the extradition certification and the evidence, and the person is held pending trial.5Office of the Law Revision Counsel. 18 U.S. Code 3184 – Fugitives from Foreign Country to United States The rule of specialty still binds prosecutors. They can only proceed on the charges Mexico approved. New charges mean a new request back to Mexico.