Overview of Federal Extradition Laws
Extradition is a legal process where one jurisdiction surrenders an individual accused or convicted of a crime to another jurisdiction where the crime was allegedly committed.

In the United States, federal extradition laws govern the extradition process both between states (also known as interstate extradition) and between the U.S. and foreign countries (international extradition).
18 U.S. Code 3182 - Fugitives from State or Territory to State, District, or Territory says, "Whenever the executive authority of any State or Territory demands any person as a fugitive from justice, of the executive authority of any State, District, or Territory to which such person has fled, and produces a copy of an indictment found or an affidavit made before a magistrate of any State or Territory, charging the person demanded with having committed treason, felony, or other crime, certified as authentic by the governor or chief magistrate of the State or Territory from whence the person so charged has fled, the executive authority of the State, District, or Territory to which such person has fled shall cause him to be arrested and secured, and notify the executive authority making such demand, or the agent of such authority appointed to receive the fugitive, and shall cause the fugitive to be delivered to such agent when he shall appear. If no such agent appears within thirty days from the time of the arrest, the prisoner may be discharged."
If you have been charged with a crime and are facing some form of extradition, understanding federal extradition laws and the extradition process can significantly impact your legal defense strategy.
What are the Interstate Extradition Laws?
Interstate extradition in the United States is governed by the Extradition Clause of the U.S. Constitution (Article IV, Section 2, Clause 2) and the Extradition Act outlined in Title 18 of the U.S. Code 3182.
This Extradition Clause requires states to cooperate in returning individuals who have fled from one state to another after being accused or convicted of a crime. The federal law details the procedures that states must follow to request and facilitate the extradition of a person, ensuring a streamlined and efficient process.
Key points of interstate extradition include:
- Request for Extradition: When a person is charged with a crime in one state (the demanding state) and flees to another (the asylum state), the governor of the demanding state must submit a formal request for extradition to the governor of the asylum state.
- Governor's Warrant: If the asylum state agrees, its governor issues a "Governor's Warrant" that authorizes local law enforcement to arrest the accused individual and transport them back to the demanding state for trial or to serve a sentence.
- Legal Grounds for Extradition: For extradition to proceed, the requesting state must provide clear evidence that a crime was committed, that the person sought is indeed the person charged with the crime, and that the person was physically present in the demanding state when the alleged crime occurred.
What are the Defenses Against Interstate Extradition?
While interstate extradition requests are generally honored, individuals facing extradition may have the opportunity to challenge the process in court. Common defenses against interstate extradition include:
- Identity Challenges: The individual may argue that they are not the person named in the extradition request.
- Procedural Defects: The defense may challenge flaws in the paperwork or argue that the requesting state has not complied with the necessary legal procedures.
- Lack of Probable Cause: If there is no valid probable cause for the charges, extradition may be contested.
What are the International Extradition Laws?
International extradition laws govern the transfer of individuals between countries for criminal prosecution or serving sentences. These laws are notably complex due to the involvement of multiple sovereign nations and diplomatic considerations. This complexity underscores the importance of seeking expert legal guidance in such cases.
Extradition Treaties
The foundation of international extradition lies in bilateral or multilateral treaties between the U.S. and foreign countries. These treaties outline the conditions and procedures under which one nation may request the extradition of individuals from another.
The U.S. Department of State and the Department of Justice are primarily responsible for managing international extradition requests. Common elements of extradition treaties include:
- Dual Criminality: Extradition generally requires that the act committed must be considered a crime in both the requesting and the requested countries. This means that the conduct for which extradition is sought must be criminal in both the requesting and the requested countries, and the punishment for the conduct must be severe enough to justify extradition.
- Extraditable Offenses: Extradition treaties specify which crimes are considered "extraditable." Typically, these include serious crimes like murder, drug trafficking, and terrorism, but not all treaties cover the same offenses.
- Political Offenses Exception: Most treaties exclude individuals from being extradited for political crimes, such as treason or sedition. This provision is designed to protect individuals fleeing political persecution.
What are the Defenses Against International Extradition?
Individuals facing international extradition can challenge the process in several ways:
- Human Rights Concerns: The defense may argue that the person should not be extradited if they are likely to face torture, inhumane treatment, or an unfair trial in the requesting country.
- Political Offenses: As noted earlier, many extradition treaties do not allow individuals to be extradited for political crimes.
- Lack of Dual Criminality: If the alleged offense is not a crime in both countries, extradition may be denied.
What are Related Federal Laws?
18 U.S. Code Chapter 209 Extradition has numerous related federal statutes, including the following:
- 18 U.S.C. 3181 - Scope and limitation of chapter.
- 18 U.S.C. 3182 - Fugitives from State or Territory to State, District, or Territory.
- 18 U.S.C. 3183 - Fugitives from State, Territory, or Possession into extraterritorial jurisdiction of United States.
- 18 U.S.C. 3184 - Fugitives from a foreign country to the United States.
- 18 U.S.C. 3185 - Fugitives from the country under the control of the United States into the United States.
- 18 U.S.C. 3186 - Secretary of State to surrender fugitive.
- 18 U.S.C. 3187 - Provisional arrest and detention within extraterritorial jurisdiction.
- 18 U.S.C. 3188 - Time of commitment pending extradition.
- 18 U.S.C. 3189 - Place and character of hearing.
- 18 U.S.C. 3190 - Evidence on hearing.
- 18 U.S.C. 3191 - Witnesses for indigent fugitives.
- 18 U.S.C. 3192 - Protection of accused.
- 18 U.S.C. 3193 - Receiving agent's authority over offenders.
- 18 U.S.C. 3194 - Transportation of fugitive by receiving agent.
- 18 U.S.C. 3195 - Payment of fees and costs.
- 18 U.S.C. 3196 - Extradition of United States citizens
Why Do You Need a Federal Criminal Defense Attorney?
Fighting extradition is a highly complex and nuanced process, laden with legal, procedural, and diplomatic hurdles. Whether dealing with interstate or international extradition, the intricacies involved can significantly impact the outcome.

Each jurisdiction has its own set of rules and requirements that must be meticulously adhered to, making compliance and procedural accuracy pivotal.
Additionally, international extradition often involves navigating foreign legal systems and international treaties, adding layers of complexity and requiring a profound understanding of international law.
Given these complexities, the importance of engaging a skilled federal criminal defense attorney cannot be overstated. An attorney with specific expertise in extradition laws will provide invaluable guidance through each step of the process.
They can identify potential defenses, address legal and procedural challenges, and ensure that individuals' rights are staunchly defended. For additional information, contact our federal criminal defense law firm, Eisner Gorin LLP, based in Los Angeles, California.
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