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Arrests
 

While in a foreign country, U.S. citizens are subject to that country's laws and regulations which sometimes differ significantly from those in the United States.

To report the arrest of a U.S. citizen please call the U.S. Consulate in Merida or Consular Agencies during normal business hours.  See our contact information.

The U.S. Consulate, when notified by local authorities of the arrest of an American citizen, will visit the detained person soon after arrest and periodically during incarceration. Upon learning of an American’s arrest, the Consulate seeks to visit the citizen to ensure there has been no abuse or mistreatment, inform of right to legal counsel, provide a list of attorneys, and obtain personal data which will assist the Consulate in communicating with family or friends who may be able to provide financial and other assistance.

General Explanation of Arrrests:

Following the arrest of a U.S. citizen in Mexico local police authorities (Ministerio Público) have 48 hours to gather and present evidence to a judge showing that a crime has been committed.  Some detainees are released during this phase due to lack of evidence or other factors.  If the case makes it to a judge, he/she has 72 hours to determine if there is enough evidence to bring to trial.  Some arrestees are released during this stage.  If the judge determines the case will go to trial, the arrestee stays in prison throughout all phases, including waiting for the trial.

The Consulate can do the following:

  • Provide a list of local attorneys or contact an attorney selected by the accused. 
  • Contact relatives or friends to notify them of the citizen’s case, if authorized by the prisoner. 
  • Relay requests to family and friends for money or other aid. 
  • Write to/call relatives about the citizen’s well-being. 
  • Accept funds as a trust fund deposit and dispense them as instructed by the citizen or the remitter. 
  • Work with prison officials to ensure fair and humane treatment consistent with that granted to Mexican nationals and ensure Americans are afforded due process under Mexican law. 
  • Protest mistreatment.

The Consulate Cannot:

  • Represent a U.S. Citizen at trial, give legal advice or pay legal fees and/or fines with U.S. Government funds. 
  • Intervene with the due process of law. 
  • Provide medical treatment except in cases of dire emergency. 
  • Run errands for the prisoner.

For more information please see our informational sheet “On Being Arrested or Detained in Mexico.” (PDF 353 Kb)

Proof of U.S. Citizenship:

In order to receive consular services, each prisoner must prove that he is a U.S. citizen. This can be most easily accomplished by presenting to the visiting consular officer or having relatives send the Consulate a certified copy of a U.S. passport, U.S. birth certificate and original identification, certificate of U.S. citizenship or U.S. naturalization certificate.

See more information on arrests of U.S. citizens abroad.

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