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Extradition From The United States: Statutes

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Chapter Summary

Between the expiration of the extradition provision of the Jay Treaty in 1807 and the entry into force of the Webster-Ashburton Treaty, the United States lacked the power to extradite anyone to a foreign country. In 1848, Congress passed legislation "to appoint officers and to authorize others to carry out the provisions of the treaties with France and England". The legislation only authorizes the Secretary to surrender the requested person to be "tried" for the offense for which he is found extraditable and permits him to order the surrender of the requested person "for the offense of which charged". The surrender of the requested person must occur at the place of commitment. The transport of the extraditee within the United States is coordinated by the United States Marshals Service. All costs incurred in any extradition proceeding in apprehending, securing, and transmitting a fugitive shall be paid by the demanding authority.

Keywords: Congress; extraditee; Extradition; Jay Treaty; United States; Webster-Ashburton Treaty



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