Extradition law in the United States

Extradition law in the United States is the formal process by which a fugitive found in one country or state is surrendered to another country or state for trial or punishment. For foreign countries the process is regulated by treaty and conducted between the Federal Government of the United States and the government of a foreign country. The process is considerably different from interstate extradition, or interstate rendition, as mandated by Article 4, Section 2, Clause 2 of the United States Constitution.

Interstate extradition

The Extradition of Fugitives Clause in the Constitution requires States, upon demand of another State, deliver a fugitive of justice who has committed a "treason, felony or other crime" to be removed to the State from which the fugitive has fled. 18 U.S.C. § 3182 sets the process by which an executive of a state, district or territory of the United States must arrest and turn over a fugitive from another state, district or territory.

In order for a person to be extradited interstate, 18 U.S.C. § 3182 requires:

An executive authority demand of the jurisdiction to which a person that is a fugitive from justice has fled.
The requesting executive must produce a copy of an indictment found or an affidavit made before a magistrate of any State or Territory, and
Such document must charge the fugitive demanded with having committed treason, felony, or other crime, and
Such document must be certified as authentic by the governor or chief magistrate of the state or territory from whence the person so charged has fled.
The executive receiving the request must then cause the fugitive to be arrested and secured, and notify the requesting executive authority or agent to receive the fugitive.
An agent of the executive of the State demanding extradition must appear to receive the prisoner, which must occur within thirty days from time of arrest or the prisoner may be released.
Cases of kidnapping by a parent to another state would be automatic involvement by the US Marshals department.

Extradition involving foreign countries

Typically, under United States law 18 U.S.C. § 3184 extradition may be granted only pursuant to a treaty. However, some countries grant extradition without a treaty which requires a reciprocal agreement by the United States. Amendments to 18 U.S.C. § 3181 and 18 U.S.C. § 3184 in 1996, allow the extradition persons other than United States citizens, nationals or permanent residents who have committed crimes of violence against nationals of the United States in foreign countries.

Countries with treaties

See: List of United States extradition treaties

The United States has extradition treaties with over 100 countries. Of the treaties most are dual criminality treaties with the remaining being list treaties.

Countries with diplomatic relations

The United States maintains diplomatic relations, but does not have extradition treaties with the following countries: Afghanistan, Algeria, Andorra, Angola, Armenia, Bahrain, Bangladesh, Bosnia and Herzegovina, Brunei, Burkina Faso, Burundi, Cambodia, Cameroon, Cape Verde, the Central African Republic, Chad, the China (People's Republic of China), the Union of the Comoros, Congo, Democratic Republic of the, Cote d' Ivoire, Djibouti, Equatorial Guinea, Ethiopia, Gabon, Guinea, Guinea-Bissau, Indonesia, Jordan, Kosovo, Kuwait, Laos, Lebanon, Libya, Madagascar, the Maldives, Mali, the Marshall Islands, Mauritania, the Federated States of Micronesia, Moldova, Mongolia, Montenegro, Mozambique, Myanmar, Namibia, Nepal, Niger, Oman, Qatar, the Russian Federation, Rwanda, Samoa, São Tomé & Príncipe, Saudi Arabia, Senegal, Serbia, Somalia, Sudan, Syria, Togo, Tunisia, Uganda, Vanuatu, Vietnam, Yemen, and Zimbabwe. *

Countries without treaties or diplomatic relations

The countries which have neither diplomatic relations nor extradition treaties with the U.S. are: Bantu Homelands, Bhutan, Bosnia, Cambodia, Cuba, Iran, Korea (North), Libya, Serbia, Somalia and Vietnam.

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