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Legal Assistance and Arrest of a U.S. Citizen
April 2, 2021

Have you been made aware that a U.S. citizen was recently arrested/detained in Mexico?

Please ask the local authorities to notify the U.S. Embassy or nearest consulate immediately. You may also wish to inform the closet U.S. Embassy or consulate to let us know of arrest.

See our Local Resources page to search for an attorney in Mexico.

The Consular Officer’s Role:

  • Provide a list of local attorneys who speak English
  • Contact family, friends, or employers of the detained U.S. citizen with their written permission
  • Visit the detained U.S. citizen regularly and provide reading materials and vitamin supplements, where appropriate
  • Help ensure that prison officials are providing appropriate medical care
  • Provide a general overview of the local criminal justice process, and local legal process
  • Establish an OCS Trust, when no other means to send funds are available so friends and family can transfer funds to imprisoned U.S. citizens

We cannot:

  • Get U.S. citizens out of jail overseas
  • State to a court that anyone is guilty or innocent
  • Provide legal advice or represent U.S. citizens in court overseas
  • Serve as official interpreters or translators
  • Pay legal, medical, or other fees overseas

When the arrestee states their U.S. citizenship and requests notification to their U.S. consular representatives, Mexican authorities will inform U.S. Embassy or consulates of the detention of that U.S. citizen without delay.  The Consular Officer will visit the arrestee as soon as possible after notification.  On the initial visit, the Consular Officer will check on the well-being of the detainee and the circumstances of the arrest, provide a list of attorneys, and ask for a Privacy Act Waiver to provide authorization for the consular officer to be in contact with others regarding the arrest.

The U.S. Embassy and consulates are obliged to bring evidence of maltreatment or discrimination to the attention of Mexican authorities if the citizen so requests.

To learn about the consulate that can assist you, please see Mission Mexico’s Consular Districts.

Foreign Laws

While in a foreign country, a U.S. citizen is subject to that country’s laws and regulations which sometimes differ significantly from those in the United States and may not afford the protections available to the individual under U.S. law.
Persons violating Mexican laws, even unknowingly, may be expelled, arrested, or imprisoned. Penalties for possession, use or trafficking in illegal drugs in Mexico are severe, and convicted offenders can expect long jail sentences and heavy fines. If you break local laws in Mexico, your U.S. citizenship will not help you avoid arrest or prosecution. It is very important to know what is legal and what is illegal wherever you go. If arrested in Mexico, a U.S. citizen must go through the foreign legal process including possible charge or indictment, prosecution, possible conviction and sentencing, and any appeals process.

Avoid getting arrested overseas by:

  • Understanding that you are subject to the local laws and regulations while visiting or living in the country and that you must follow them.
  • Learning about how the laws in the United States might be different from the laws in Mexico. We provide some information for each country on our Country Specific pages.