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Eligibility for Transfer

Most prisoner transfer treaties delineate some eligibility restrictions. In general, the following conditions must be met: the prisoner must be a citizen or national of the country to which he/she wishes to transfer; he/she may not be a citizen of the United States; the offense for which the prisoner is incarcerated must be a crime under the laws of the receiving country; at least six months must remain on the sentence at the time of application; and there must be no appeal or other criminal proceeding still pending. Individual treaties have additional requirements for transfer. For example, the treaty between the United States and Mexico precludes the transfer of "domiciliaries" (defined as persons who have been present in the territory of one country for at least five years with an intent to remain permanently therein). Thus, a person who is a lawful permanent resident of the United States is not eligible to transfer to Mexico. The treaties with Mexico and Canada also preclude the transfer of prisoners who are serving sentences for military or immigration offenses. An offender's transfer requires the offender's consent, and is subject to the approval of both the sending and receiving countries. [cited in USAM 9-35.010]