Lilibet
Southern Oregon
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- Apr 13, 2013
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BBM
You are correct that U.S. LE can't go into other countries to arrest people. There is a process they have to follow in line with a treaty. Once the paperwork is in order, Mexican authorities make the arrest. I've posted this link before, but here is a quote showing how the process works, and why it wasn't instantaneous:
First things first
To pursue an extradition from Mexico, one must first have an address for the fugitive in Mexico. This may seem like an odd requirement, but the U.S. Marshals Service or the FBI can assist in this matter. Both agencies have offices in Mexico City, and both are well-connected and have ample sources in Mexico that can yield an address for the fugitive. Also, the Procuraduria General de la Republica of Mexico (abbreviated PGR; this is the attorney generals office) can help. The PGR has five offices in the U.S., any one of which can be contacted for assistance. People there are always willing to help.
Once an address for the fugitive is obtained, the first step is to request a Provisional Arrest Warrant (PAW). This is a warrant issued by the Mexican authorities pursuant to the treaty. A state warrant from Texas or any other state in the U.S. is not valid in Mexico.
Provisional arrest warrant
To request a PAW, the Department of Justice requires a certified copy of a capias, certified copy of the indictment, and draft of the extradition package. This last requirement, the draft of the extradition package, previously was not required in seeking a provisional arrest warrant. But these days, DOJ likes to have a draft of the extradition package to expedite the process.
DOJ will review all of the affidavits and documents submitted in the package; therefore, the draft must contain all of the necessary affidavits (unsignedmore on why later), and all the other required documents and evidence. DOJ will review the package carefully, and once it is satisfied that there is enough evidence to move forward, officials there will request the PAW.
Armed with a PAW, the Mexican Federal Police will arrest the fugitive in Mexico. Once this occurs, the clock begins to run on the requirement that the formal extradition package be delivered to the Mexican authorities within 60 days of the fugitives arrest, or the fugitive will be released.
Note that the U.S. now has 60 days to deliver the formal extradition package to the Mexican government. The section of this link immediately after the part I've quoted describes what is involved in putting together the formal extradition package. The draft being approved by the U.S. DOJ before BD's arrest ensures that the formal extradition package can be submitted within the 60 days. But it's important to understand the complexity involved in getting the provisional arrest warrant.
http://www.tdcaa.com/journal/update-pursuit-fugitives-who-flee-mexico
