INTERPOL in Latin America: Mexico and Argentina — Police Cooperation, Extradition and International Protection
An INTERPOL communication is not, by itself, an international arrest warrant. Its practical coercive effect depends on the domestic law of the country where the wanted person is located. As a result, the same international alert can trigger substantially different procedures in Mexico and Argentina.
The report follows the entire procedural chain, from detection and restriction of liberty to extradition, international protection and the possible deletion of INTERPOL data. In Mexico, the process involves the Ministry of Foreign Affairs (SRE), the federal prosecution service (FGR) and a federal judge. Following the judicial opinion, SRE decides whether extradition will ultimately be granted or refused. Amparo provides an important judicial mechanism for challenging unlawful measures and, where appropriate, preventing physical surrender while the challenge is examined.
Argentina follows a different structure. Law No. 24,767 expressly allows provisional arrest in connection with certain INTERPOL communications, but imposes requirements concerning their contents, immediate judicial supervision and the period within which a formal extradition request must arrive. A judicial finding that extradition is admissible must also be distinguished from the later executive stage and the actual execution of surrender.
Particular attention is given to asylum, refugee status and non-refoulement. Argentina’s 2024–2025 reforms introduced important procedural changes, including an accelerated procedure for certain protection applications made during extradition proceedings. Mexico likewise distinguishes refugee recognition, complementary protection and political asylum, each of which has its own legal basis and procedure.
The report’s central practical conclusion is that an “INTERPOL case” actually involves several independent legal questions: compliance of the international data with INTERPOL rules, the domestic basis for detention, the legal admissibility of extradition, and protection against prohibited removal. A favourable outcome in one proceeding does not automatically resolve the others. Deletion of INTERPOL data, release from detention, refusal of surrender and correction of domestic records therefore require separate verification.
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