Having an international arrest warrant out for you is a serious problem because law enforcement agencies around the world can detain you and put you in jail awaiting trial. So, traveling around the world with an outstanding warrant isn’t the best idea. You could be arrested even before boarding a plane or right after arriving at your destination. As such, it’s important to seek help from a qualified and experienced lawyer as soon as possible.
What is an arrest warrant?
An international arrest warrant is a legal document issued by national courts or international organizations that authorizes law enforcement authorities in one country to detain and extradite an individual to another country. It’s typically issued for the arrest of individuals suspected or accused of committing serious crimes.
Let’s look at the main stages of processing an arrest warrant:
- Issuance of a warrant by a national court or international organization following a criminal investigation.
- Issuing an international warrant for a person, distributing information through the Interpol network or another organization;
- Detaining a person within the territory of any country based on an issued warrant;
- Extradition (the transfer of a detained person to the country that issued the warrant).
Warrants can be issued based on international treaties or conventions, such as the European Arrest Warrant (EAW), which is in effect in European Union countries and simplifies the process of transferring individuals between member states.
After an international warrant is issued, other countries that have cooperation or extradition agreements are obligated to execute it, provided that doing so does not violate their own laws.
Where can you fly with a travel order?
Individuals with outstanding warrants can try visiting the following countries:
- Countries that do not have extradition agreements signed with other nations (China, Russia, Saudi Arabia, Venezuela, and others);
- Countries that have limited extradition agreements or do not extradite their citizens (UAE, Cuba, France, and others);
- Countries with political restrictions on extradition (Iran, North Korea, Zimbabwe);
- Regions with partial international recognition or autonomy that lack clear mechanisms for cooperation with international bodies on extradition (South Ossetia, Taiwan, Kosovo);
- Countries with lengthy extradition processes, where the court can consider requests for several years (Brazil, Argentina).
However, every case is unique, and no expert can offer you a 100% guarantee. Before you set off on your journey, it’s worth consulting with an experienced lawyer.
Who can’t fly with an order?
Having an outstanding warrant significantly affects the ability to travel, especially internationally. The following groups of individuals are better off not crossing national borders at all:
- An international arrest warrant has been issued for the individual. Interpol issues these warrants as red notices. Airports around the world have access to Interpol’s databases, so the individual could be detained or denied boarding during security checks.
- A national arrest warrant has been issued for the individual. Law enforcement agencies can prohibit such a person from leaving the country. In some countries, airports are integrated with national databases, allowing for automatic checks of passengers for any outstanding warrants. In such cases, the person would not be able to board a plane, even for domestic flights.
- TSA Restrictions. In U.S. airports, the Transportation Security Administration (TSA) conducts thorough screenings of all passengers for identification verification. While TSA is focused on passenger safety during air travel, having an outstanding warrant can be discovered during the screening process.
- Being on the No-Fly List means an individual is prohibited from flying, regardless of whether they have an outstanding warrant. This list includes individuals considered a threat to national security. However, having an existing warrant can also be a reason for being placed on the list, especially in cases involving charges of terrorism or international crime.
- Suspicion of evading justice. Individuals suspected of attempting to flee from justice may be prohibited from leaving the country.
Before attempting to travel, it’s important to consult with experienced attorneys to avoid detention and other legal issues.
Air Travel and Security Checks
Every passenger planning a flight goes through several stages of screening:
- Checking documents during registration and going through the security checkpoint;
- Going through a metal detector and having luggage checked for prohibited items;
- Identity verification through international databases.
In the US, passenger screenings are conducted by the TSA (Transportation Security Administration). If a passenger is under an active warrant, this information can be discovered during document checks or when attempting to cross the border.
If an active warrant is discovered during a security check, the following consequences may occur:
- Detainment of a passenger by law enforcement at the airport;
- Denied boarding on the plane;
- Handing over the detainee to the relevant authorities for further extradition (in the case of an international arrest warrant).
Can you fly on domestic flights with a warrant?
An internal arrest warrant is issued by national law enforcement agencies and pertains to crimes committed within the country. It applies across the entire territory of the state, and law enforcement authorities within the country have the authority to detain the individual.
Although domestic flights typically face less stringent checks compared to international ones, having an outstanding arrest warrant can be a significant obstacle. However, US residents with a misdemeanor warrant can cross state lines without any trouble.
In countries with a sophisticated monitoring system, domestic airports have access to national law enforcement databases, which contain information on individuals with active warrants. A warrant can be discovered during an ID check or through automatic database searches before a domestic flight.
If you suspect that there might be an active warrant for your arrest, it’s crucial to consult with a criminal law attorney before attempting to leave the country. That’s the only way to avoid being detained.
Can you fly abroad with a warrant?
If there’s a Federal arrest warrant out for your arrest, international travel is restricted significantly. This information gets entered into databases like Interpol’s or those of other international organizations. Airport security use these databases to check passengers. So, if there’s an outstanding warrant out for you, it’ll be discovered during passport control.
If there is an international arrest warrant out for you, you’re also at risk of extradition. Extradition treaties require countries to cooperate in handing over individuals who have arrest warrants issued against them. Once you arrive in such a country, you could be detained and sent back.
There are countries that don’t have such agreements or might refuse to extradite someone for political or other reasons. However, even in those cases, there’s still a risk of being detained when trying to board an international flight.
Before planning international flights, it’s important to consult with a lawyer to assess the legal consequences and potential risks.
Can you get a passport with a warrant?
In most countries, obtaining a valid passport is a citizen’s right. However, this right can be restricted if there’s an outstanding arrest warrant. You might be denied a new passport or the renewal of an existing one. Moreover, even if a passport has already been issued, the government can cancel it.
If your passport application process is halted by an outstanding arrest warrant, you can challenge that decision in court. However, whether you succeed depends on the nature of the charges against you and the laws of the country. You might argue that you need the passport for humanitarian reasons or to address legal issues. But be warned, it’s a complicated and lengthy process.
What are the risks at your destination if you have a warrant?
The first risk is getting detained at your arrival point. Airports and border checkpoints in most countries have access to international databases like Interpol, where international arrest warrants are recorded. If there’s information about you in such databases, border services or local law enforcement might detain you when you try to enter the country.
If a country has an extensive network of extradition agreements, an individual can be deported for criminal investigation or to serve a sentence.
Not all countries automatically carry out extradition, even if there is a relevant agreement in place. Some countries may refuse a request for political or humanitarian reasons.
Another potential problem is being denied entry into the country. If it’s discovered during border control that there’s an outstanding arrest warrant against you, the country might just refuse to let you in.
Need legal advice about your order?
If there’s a warrant out for your arrest, it can seriously complicate traveling or going on business trips. Having a warrant can lead to being detained at the border, issues with your paperwork, and even extradition. In such situations, it’s crucial to seek legal assistance as soon as possible to assess the risks and find the best course of action.
Our international law firm specializes in protecting client interests in complex legal matters, particularly arrest warrants and extradition. We offer personalized consultations and develop strategies that will help you protect your rights and minimize legal risks.
Our team of experienced attorneys is ready to offer clients the following services:
- Risk assessment and safe countries to visit;
- Consultations on the legal consequences of an order;
- Filing petitions to cancel an order, appealing a court decision, or obtaining permission for movement under certain conditions;
- Extradition consulting.
Reach out to us today to get professional advice and ensure your legal protection.
Frequently Asked Questions About Flying with an Order
Do US airports check for warrants?
U.S. airports can check for outstanding warrants when flying internationally. While the main goal of the TSA is to ensure passenger safety during air travel, information about arrest warrants can be accessible through law enforcement databases. However, you don’t need to worry about warrant checks when flying domestically in the US.
Can you fly if you have a bench warrant?
Technically, you can fly domestically with an outstanding bench warrant since the TSA doesn’t specifically check for these warrants. However, trying to leave town when there is a bench warrant out for you might be risky especially when dealing with serious crimes like drug trafficking.
Can you leave the country if there’s a warrant out for you?
Leaving the country with an active arrest warrant is not recommended. Your information could be entered into international databases that monitor border crossings. If you attempt to leave the country, border patrol or other law enforcement authorities may detain you.
Who can’t fly with an outstanding warrant?
Whether you can fly with a warrant depends on the airport security procedures and legal rules of your destination country. However, flying with a warrant to the United States is risky since the airport security personnel will detain you at the point of entry.
What does the TSA check on your ID?
The TSA checks documents to confirm identity and to compare against security databases. While the TSA primarily focuses on flight security, any legal issues can be detected during the check through accessible law enforcement databases.