Mexico’s Bilateral Extradition Treaties
When the country requesting extradition has a bilateral extradition treaty with Mexico, the treaty framework takes precedence over domestic law. Mexico has 33 bilateral extradition treaties in force, making treaty-based extradition the primary mechanism for most international cases. The complete country list is below, followed by how the process actually works, which laws control it, and answers to the questions we hear most.
Each treaty defines its own procedural requirements, extraditable offenses, mandatory and discretionary grounds for refusal, and timelines. Understanding the specific treaty that governs your case is critical: defenses available under one treaty may not exist under another, and procedural mistakes can be fatal to a defense strategy.
Treaty-Based vs. LEI Extradition
The key differences between treaty-based and LEI-based extradition are summarized below:
| Factor | Treaty-Based Extradition | LEI Extradition (No Treaty) |
|---|---|---|
| Legal basis | Bilateral treaty between Mexico and the requesting state | Ley de Extradicion Internacional (1975) |
| Applicable when | Treaty exists and covers the offense | No treaty exists, or treaty does not cover the situation |
| Extraditable offenses | Defined by the treaty (usually by minimum penalty or enumerated list) | Dual criminality with minimum 1-year average sentence |
| Reciprocity | Built into the treaty obligation | Discretionary: Mexico may require reciprocity guarantees |
| Diplomatic assurances | Treaty may specify required assurances | SRE may request ad hoc assurances |
| Timelines | Specified in the treaty (varies by country) | 60-day provisional arrest limit; overall timeline flexible |
| Political offense exception | Usually included in the treaty | Mandatory under Article 5(V) of the LEI |
| Death penalty prohibition | Usually addressed in the treaty | Mandatory under Article 6 of the LEI |
| Appeal mechanism | Amparo available in all cases | Amparo available in all cases |
Complete List of Mexico’s Extradition Treaties
The following table lists all countries with which Mexico has signed bilateral extradition treaties, including the year of entry into force and a link to the full treaty text where available.
| Country | Treaty Name / Reference | Year | |
|---|---|---|---|
| United States | Treaty on Extradition between Mexico and the United States of America | 1978 | PDF unavailable |
| Spain | Tratado de Extradicion entre Mexico y Espana | 1978 | PDF unavailable |
| Canada | Treaty on Extradition between Mexico and Canada | 1990 | PDF unavailable |
| United Kingdom | Treaty on Extradition between Mexico and the United Kingdom | 1886 | PDF unavailable |
| France | Convention d’Extradition entre le Mexique et la France | 1994 | PDF unavailable |
| Italy | Trattato di Estradizione tra Messico e Italia | 1899 | PDF unavailable |
| Brazil | Tratado de Extradicion entre Mexico y Brasil | 1938 | PDF unavailable |
| Colombia | Tratado de Extradicion entre Mexico y Colombia | 1937 | PDF unavailable |
| Guatemala | Tratado de Extradicion entre Mexico y Guatemala | 1997 | PDF unavailable |
| Cuba | Tratado de Extradicion entre Mexico y Cuba | 1928 | PDF unavailable |
| El Salvador | Tratado de Extradicion entre Mexico y El Salvador | 1997 | PDF unavailable |
| Costa Rica | Tratado de Extradicion entre Mexico y Costa Rica | 1997 | PDF unavailable |
| Panama | Tratado de Extradicion entre Mexico y Panama | 1997 | PDF unavailable |
| Nicaragua | Tratado de Extradicion entre Mexico y Nicaragua | 1997 | PDF unavailable |
| Honduras | Tratado de Extradicion entre Mexico y Honduras | 1997 | PDF unavailable |
| Belize | Treaty on Extradition between Mexico and Belize | 1988 | PDF unavailable |
| Netherlands | Verdrag betreffende Uitlevering tussen Mexico en het Koninkrijk der Nederlanden | 1909 | PDF unavailable |
| Belgium | Convention d’Extradition entre le Mexique et la Belgique | 1938 | PDF unavailable |
| Australia | Treaty on Extradition between Mexico and Australia | 1990 | PDF unavailable |
| South Korea | Treaty on Extradition between Mexico and the Republic of Korea | 1996 | PDF unavailable |
| Argentina | Tratado de Extradicion entre Mexico y Argentina | 2019 | PDF unavailable |
| Chile | Tratado de Extradicion entre Mexico y Chile | 2017 | PDF unavailable |
| Peru | Tratado de Extradicion entre Mexico y Peru | 2000 | PDF unavailable |
| Ecuador | Tratado de Extradicion entre Mexico y Ecuador | 2019 | PDF unavailable |
| Dominican Republic | Tratado de Extradicion entre Mexico y la Republica Dominicana | 2015 | PDF unavailable |
| Paraguay | Tratado de Extradicion entre Mexico y Paraguay | 2019 | PDF unavailable |
| Uruguay | Tratado de Extradicion entre Mexico y Uruguay | 2018 | PDF unavailable |
| Bolivia | Tratado de Extradicion entre Mexico y Bolivia | 2013 | PDF unavailable |
| Venezuela | Tratado de Extradicion entre Mexico y Venezuela | 2015 | PDF unavailable |
| Portugal | Tratado de Extradicion entre Mexico y Portugal | 2000 | PDF unavailable |
| India | Treaty on Extradition between Mexico and India | 2007 | PDF unavailable |
| Jamaica | Treaty on Extradition between Mexico and Jamaica | 2019 | PDF unavailable |
| Trinidad and Tobago | Treaty on Extradition between Mexico and Trinidad and Tobago | 2019 | PDF unavailable |
Note: Mexico is also party to multilateral conventions that contain extradition provisions, including the United Nations Convention Against Transnational Organized Crime (Palermo Convention), the United Nations Convention Against Corruption (Merida Convention), and the Inter-American Convention on Extradition (Montevideo, 1981). These multilateral instruments can supplement or, in some cases, serve as the legal basis for extradition.
How the Extradition Process Works in Mexico
Every extradition from Mexico follows the same basic sequence, whether it rests on a treaty or on the LEI. The requesting state acts through diplomatic channels, a federal judge examines the case, and the Ministry of Foreign Affairs (SRE) makes the final decision. The stages below are where cases are won or lost.
- Diplomatic request. The requesting state contacts the SRE. In urgent cases it first asks for provisional arrest while the formal paperwork is prepared.
- Provisional arrest (detencion provisional). A federal judge may order arrest before the formal request arrives. If the complete formal request is not filed within 60 days, the detained person must be released.
- Formal extradition request. The requesting state files the formal petition with evidence, translations and the treaty or LEI provisions it relies on.
- Judicial phase. A federal district judge holds a hearing, examines whether all legal requirements are met, and receives the defense evidence and arguments.
- Judicial opinion. The judge issues a reasoned legal opinion to the SRE. An opinion against extradition on legal grounds binds the SRE to refuse.
- SRE resolution. The Ministry of Foreign Affairs grants or refuses extradition. It retains discretion to refuse even after a favorable judicial opinion.
- Amparo review. The person sought can challenge the resolution through an amparo lawsuit, which can suspend surrender while federal courts review the case.
Mexico’s Extradition Laws: The Three Legal Layers
Mexican extradition law is built from three layers that operate together in every case.
- The Constitution. Article 15 prohibits treaties that alter constitutional rights or allow extradition of political offenders, and Article 119 sets the framework for international surrender.
- Bilateral treaties. Where a treaty exists, its rules on extraditable offenses, evidence, deadlines and refusal grounds take precedence over domestic law.
- The Ley de Extradicion Internacional (LEI). The 1975 statute governs when there is no treaty and fills procedural gaps when a treaty is silent.
For a full article by article analysis of the statute, see our guide to the Ley de Extradicion Internacional.
Does Mexico Have an Extradition Treaty With the United States?
Yes. The extradition treaty between Mexico and the United States was signed in 1978, entered into force in 1980, and was supplemented by a 1997 protocol. It is the most heavily used extradition treaty in the Western Hemisphere. The treaty requires dual criminality, bars surrender where the death penalty could be imposed unless assurances are given, and preserves the political offense exception. Read the dedicated guide: Extradition from Mexico to the USA.
Which Countries Have No Extradition Treaty With Mexico?
Any country that does not appear in the table above has no bilateral extradition treaty with Mexico. Notable examples include Germany, Russia, China, Japan and Switzerland, along with most of Africa, the Middle East and Central Asia. The absence of a treaty does not make extradition impossible: Mexico can extradite under the LEI on the basis of reciprocity, and multilateral conventions can supply a legal basis for specific offense categories. The practical difference is that non treaty requests are slower, more political and easier to defend. We explain the details in the myth of the missing extradition treaty.
Does Mexico Extradite Its Own Citizens?
As a rule, no. Article 14 of the LEI provides that no Mexican national may be surrendered to a foreign state except in exceptional cases at the discretion of the Executive. Mexican nationality is therefore one of the strongest defenses against extradition. It is not a shield against prosecution: Mexico can prosecute its nationals domestically for crimes committed abroad under Article 4 of the Federal Criminal Code.
Related Guides
- Extradition from Mexico to the USA: the 1978 treaty in practice
- Countries without a US extradition treaty: the honest list
- Ley de Extradicion Internacional: article by article
- Extradition defense in Mexico: our services
How many extradition treaties does Mexico have?
Mexico has 33 bilateral extradition treaties in force, covering the United States, Canada, Spain, the United Kingdom, France, Italy and most of Latin America. The full list with treaty years is published in the table on this page.
Does Mexico extradite to the United States?
Yes, routinely. The 1978 treaty makes the US Mexico corridor the most active extradition relationship in the hemisphere. Strong defenses exist, including the death penalty bar, dual criminality and the political offense exception.
Can Mexico extradite someone without a treaty?
Yes. The Ley de Extradicion Internacional allows extradition on the basis of reciprocity when no treaty applies. The requesting state must promise to extradite in equivalent cases and meet every LEI requirement, which creates additional defense opportunities.
How long can Mexico hold someone waiting for extradition?
Provisional arrest is limited to 60 days. If the formal extradition request with full documentation does not arrive within that period, the detained person must be released. Later phases have their own statutory deadlines.
What offenses are extraditable under Mexican treaties?
Most modern treaties use a minimum penalty test: conduct punishable in both countries by at least one year of imprisonment. Older treaties list specific offenses. Minor charges and purely political conduct are commonly excluded.
Can an extradition decision be appealed in Mexico?
Yes. The SRE resolution granting extradition can be challenged through an amparo lawsuit before federal courts, which can suspend the surrender while the case is reviewed. Amparo is the single most important remedy in Mexican extradition defense.
Does Mexico have an extradition treaty with El Salvador?
Yes. Mexico and El Salvador signed a bilateral extradition treaty in 1997, listed in the table above. Requests between the two countries follow the treaty framework, with the LEI filling any procedural gaps.
Understanding which treaty governs your case is the first step in building an effective defense. Each treaty has unique provisions that experienced counsel can use to your advantage.
