International Prisoner Transfer Between Mexico and the U.S.: How to Serve a Sentence Closer to Home

International prisoner transfer? When a loved one is serving a prison sentence far from home—whether in Mexico while their family lives in the U.S., or in the U.S. while their family is in Mexico—it’s more than just a legal challenge. It’s a deeply emotional and human issue. The pain of separation and the anxiety about their wellbeing can be overwhelming. Fortunately, there’s a legal path that may help: international prisoner transfer.

Under Mexican law, specifically Article 54 of the National Law of Criminal Enforcement, sentenced individuals may request to serve the remainder of their time in their home country or the country where they hold legal residence—subject to very specific conditions.

What Does the Law Say About International Prisoner Transfer?

Article 54 clearly states:

“Persons sentenced and located in Mexican or U.S. territory who wish to be transferred to their country of origin or legal residence to serve their sentence may request it through international cooperation mechanisms. The transfer must be requested by the sentenced individual, and approved by both the receiving country and the Mexican state.”

In plain terms, three key conditions must be met:

• The prisoner must personally and voluntarily request the transfer.
• The destination country—such as the U.S.—must give its consent.
• The Mexican government must approve the transfer.

Who Qualifies for a Prisoner Transfer?

It’s important to understand that a prisoner transfer is not automatic and not a guaranteed right. The Supreme Court of Mexico confirmed in case AR 140/2020 that several strict legal requirements must be fulfilled:

1. The sentence must be final.
   There must be no pending appeals or legal remedies. In Mexico, that includes appeals, direct amparo (constitutional review), and its potential revisions. If the prisoner wants to speed up the transfer, they may renounce their right to these remedies—but only after consulting with a qualified attorney.
2. No other criminal proceedings may be pending in Mexico.
   If there are additional open cases, the transfer request will be denied.
3. A valid treaty must exist between Mexico and the U.S.
   Thankfully, both countries are parties to the Treaty on the Transfer of Sentenced Persons, which covers this type of situation.
4. The prisoner’s human rights must be protected.
5. Fines and restitution must be paid.
   If the sentence includes a monetary fine or a requirement to pay restitution to victims or the Mexican government, those payments must be fully resolved—either paid or legally waived. If your loved one hasn’t fulfilled these obligations, an attorney can help resolve them during the enforcement stage of the sentence.
6. At least 6 months must remain on the sentence at the time of the request.
   Since the entire administrative process takes around 6 months, a transfer request would be irrelevant if too little time remains.
7. The crime must also be considered a crime in the U.S.
   It doesn’t have to be identical, but the general conduct must be criminal under U.S. law. Example: If someone was sentenced in Mexico for “contrabando” (smuggling), and “smuggling” is also a crime under U.S. law, the transfer is viable.

Why Consider an International Transfer?

Reunification with family and familiar surroundings.

Better communication in their native language.

Higher chances of successful rehabilitation.

Prison conditions that may align better with U.S. standards.

Who Can Start the Process?

The prisoner themselves, their defense attorney, or a close family member with the prisoner’s consent can initiate the request. Legal support from an attorney who is experienced in both Mexican criminal law and international legal cooperation is critical.

Which Authorities Are Involved?

Several agencies must participate in the transfer process:

• In Mexico:
  • Secretariat of Foreign Affairs (SRE)
  • Attorney General’s Office (FGR)
  • Federal Prison System (OADPRS)
• In the United States:
  • U.S. Department of Justice (Office of International Affairs)
  • State Department (in coordination with consulates)

All of them must coordinate for the transfer to be approved and executed.

Final Recommendations

If your loved one is serving time in a Mexican prison and your family lives in the United States, time is of the essence. Working with legal experts who understand both the Mexican accusatory criminal system and international transfer protocols can make all the difference.

Do you have a family member incarcerated in Mexico and want to explore their transfer to the U.S.? Contact our office today for a confidential consultation. We’re here to help you bring your loved one closer to home.