Enforcement and Accountability in International Law ♦ Spring 2026

Break International Law to Save It: Never Extradite Former U.S. Officials

Neil J. Noronha

The actions of the Trump Administration appear consistently at odds with international law. Threats of aggression against Greenland and the initial refoulement of Kilmar Abrego Garcia are only a few examples. Further violations of international law may be forthcoming, but there is a constitutional end date to this struggle—January 20, 2029. After that day, partisans and international law purists will want a future presidential administration to hold these officials accountable. A foreign country could charge and request the extradition of these now-former officials for a crime under its criminal code that an international treaty also covers (e.g., torture). If procedural requirements are met for the extradition, should a future U.S. presidential administration honor the request? Using a politically salient hypothetical involving Stephen Miller and Tom Homan, this Note argues that the U.S. government, irrespective of political party, should always uphold the functional immunity of former U.S. officials even if doing so would violate international law.