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Foreigners Can Use Trump’s Policies As Defense to Extradition

One defense that foreign courts have given substantial weight when evaluating a request for extradition to the United States is the risk of inhumane or unfair treatment, including the denial of substantive or procedural rights, as well as the conditions and length of punishment an extradited person faces if convicted. The administration’s resistance to complying with federal court orders taking the contrary view may provide further support.

12 minute readJune 30, 2025 at 11:03 PM
By
Robert J. Anello
& Richard F. Albert
Foreigners Can Use Trump’s Policies As Defense to Extradition

Foreign citizens facing extradition to the United States may take particular interest in the Trump administration’s recent actions to deport foreigners without regard for constitutional procedural protections.

One defense that foreign courts have given substantial weight when evaluating a request for extradition to the United States is the risk of inhumane or unfair treatment, including the denial of substantive or procedural rights, as well as the conditions and length of punishment an extradited person faces if convicted.

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