Department attorneys should be cognizant of sensitivities when plea agreements involve either extradition or removal, areas where the United States may be bound by treaties or other international agreements. In cases involving defendants residing in the United States illegally, prosecutors may negotiate and enter into plea agreements in which defendants stipulate to the entry of a judicial order of removal, as set forth in 8 U.S.C. § 1228(c)(5). Government attorneys generally should not negotiate regarding a request that the government not seek an extradition or removal order in connection with any case. Department attorneys, before entering negotiations regarding a request not to seek extradition or removal, must obtain an endorsement by the head of the section or office responsible for supervising the case, then submit the request to the Office of International Affairs seeking specific approval from the Assistant Attorney General, Criminal Division. See JM 9-15.800 and 9-73.510.

The Department continues to advocate severe penalties for aircraft hijackers as a deterrent to future acts of piracy. Consequently, Department attorneys must obtain authorization from the Counterterrorism Section of the National Security Division before entering into any agreement to forego an air piracy prosecution in return for a guilty plea to a lesser offense, or decides otherwise not to fully prosecute an act of air piracy. See JM 9-63.181.

For policy regarding approval required for plea agreements involving defendants who are Members of Congress, candidates for Congress, or Federal judges, see JM 9-16.110.

[updated October 2018]