A concurrent resolution expressing the sense of Congress that the President should secure the sovereign right of the United States of America and the States to prosecute and punish, according to the laws of the United States and the several States, crimes committed in the United States by individual who subsequently flee to Mexico to escape prosecution.

        [Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. Con. Res. 79 Introduced in Senate (IS)]

108th CONGRESS
1st Session
S. CON. RES. 79

Expressing the sense of Congress that the President should secure the
sovereign right of the United States of America and the States to
prosecute and punish, according to the laws of the United States and
the several States, crimes committed in the United States by
individuals who subsequently flee to Mexico to escape prosecution.

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

November 7, 2003

Mrs. Feinstein (for herself, Mr. Brownback, Mr. Nelson of Florida, Mrs.
Hutchison, Mr. Bingaman, Mr. Domenici, Mr. Kyl, Mr. Campbell, and Mr.
Hatch) submitted the following concurrent resolution; which was
referred to the Committee on Foreign Relations

_______________________________________________________________________

CONCURRENT RESOLUTION

Expressing the sense of Congress that the President should secure the
sovereign right of the United States of America and the States to
prosecute and punish, according to the laws of the United States and
the several States, crimes committed in the United States by
individuals who subsequently flee to Mexico to escape prosecution.

Whereas, under the Extradition Treaty between the United States of America and
the United Mexican States, signed at Mexico City May 4, 1978, and
entered into force January 25, 1980 (31 UST 5059) (hereafter the
``Extradition Treaty''), Mexico has refused to extradite unconditionally
to the United States fugitives facing capital punishment;
Whereas the Mexican Supreme Court ruled in October 2001, that life imprisonment
violates the Constitution of Mexico, and Mexico has subsequently
repeatedly violated the Extradition Treaty by refusing to extradite
unconditionally criminals who face life sentences in the United States;
Whereas numerous individuals have committed serious crimes in the United States,
fled to Mexico to avoid prosecution, and have not been brought to
justice in the United States because of Mexico's interpretation of the
Extradition Treaty;
Whereas these individuals include the persons responsible for the April 29,
2002, murder of Deputy Sheriff David March, the July 17, 2000, killing
of Officer Michael Dunman, the August 29, 1998, murder of 12 year old
Stephen Morales, the April 9, 1999, attempted murder of Anabella Van
Perez and the subsequent August 26, 1999, murder of her father, Carlos
Vara, and the December 22, 1989, murder of Mike Juan;
Whereas attorneys general from all 50 States, the National League of Cities, and
numerous elected officials, municipalities, and law enforcement
associations have asked the United States Attorney General and the
Secretary of State to address this extradition issue with their
counterparts in Mexico;
Whereas United States Government officials at various levels have raised
concerns about the extradition issue with their counterparts in Mexico,
including presenting a Protest Note to the Government of Mexico
objecting that Mexico's interpretation of the Extradition Treaty is
``unsupported by the Treaty'' and effectively ``eviscerates'' it, with
few positive results; and
Whereas the Extradition Treaty, as interpreted by Mexico, interferes with the
justice system of the United States and encourages criminals to flee to
Mexico; Now, therefore, be it
Resolved by the Senate (the House of Representatives concurring),
That it is the sense of Congress that the President should address
Mexico's failure to fulfill its obligations under the Extradition
Treaty between the United States of America and the United Mexican
States, signed at Mexico City May 4, 1978, and entered into force
January 25, 1980 (31 UST 5059), by renegotiating the treaty or taking
other action to ensure that the possibility that criminal suspects from
Mexico may face capital punishment or life imprisonment will not
interfere with the unconditional and timely extradition of such
criminal suspects to the United States.
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