Red Notice: Travel, Visas & Entry

Our INTERPOL Red Notice Lawyers Explain the Risks of Traveling with an INTERPOL Notice

A Red Notice issued by the International Criminal Police Organization (INTERPOL) is an international alert to law enforcement worldwide. Local and national law enforcement agencies can provisionally arrest a person pending extradition when they have a Red Notice—and this can make traveling extremely dangerous. Learn more from the INTERPOL Red Notice Lawyers at Oberheiden P.C.

Attorney Nick OberheidenInternational Litigation Team Lead

If you have an INTERPOL Red Notice and are wanted by law enforcement authorities in your home country or any other country around the world, traveling can pose serious risks. While a Red Notice is not an international arrest warrant, having a Red Notice can lead to an arrest pursuant to a formal extradition request issued by the INTERPOL member country seeking prosecution.

This can lead to a local or national arrest warrant, criminal proceedings, and potentially criminal penalties. To avoid these serious consequences, individuals who have INTERPOL Red Notices need to be very careful. If you have questions about your legal situation and ability to travel, our qualified lawyers can provide the legal assistance you need to protect yourself going forward.

The Risks of Traveling with an INTERPOL Red Notice

A Red Notice is issued by INTERPOL’s General Secretariat upon the receipt of a request from the National Central Bureau (NCB) of an INTERPOL member country. The issuance of a Red Notice indicates that the requesting country is seeking to prosecute the individual subject to the Red Notice, and other member countries have the ability to conduct a provisional arrest of the individual (consistent with INTERPOL’s rules and applicable treaties) pending extradition for the purpose of facilitating international police cooperation.

As a result, traveling anywhere with an INTERPOL Red Notice can be risky. This includes traveling to a third country where you are not wanted by national authorities, as authorities in all member states can conduct provisional arrests in accordance with applicable extradition law. The risks associated with traveling when you have a Red Notice include:

1. Passport Control

If you have a Red Notice, you can be detained by immigration authorities at Passport Control when you arrive at the airport (or any other port or station). Airport detention can subsequently lead to an arrest by law enforcement officers, potentially followed by prosecution before a domestic or international tribunal. This can include a tribunal created by the UN Security Council. If you are detained by local or national authorities, this can result in prosecution under the country’s own laws (as opposed to international law); and, depending on where you are detained, you may or may not receive a fair trial.

2. Interception at Transfer

Even if you are not detained at Passport Control and are able to board, you could be intercepted at transfer. INTERPOL member countries engage in active cooperation to detain individuals wanted for prosecution in criminal cases, and a formal request by one member country can lead to temporary detention in another. Thus, even if you are not traveling to the country where you are wanted for prosecution, international travel can still be dangerous due to various countries’ international obligations.

3. Denial of Entry

If you attempt to travel with a Red Notice, you could also be denied entry at the border. If a member country decides that you should not be permitted to enter, it can deny entry and conduct a provisional arrest. INTERPOL member countries routinely deny entry to wanted persons who are crossing borders (or attempting to cross borders)—and they are permitted to do so provided that they comply with INTERPOL’s constitution and applicable domestic and international law.

4. Extradition Orders

If you have a Red Notice that is publicly available on the INTERPOL website, detention during travel could result in the issuance of a formal extradition order. While it is possible to fight extradition, this presents its own unique set of challenges, and there are no guarantees. Even if your extradition order is politically motivated or otherwise violates your legal or constitutional rights, you will be at risk of being extradited, and you will need to fight to protect yourself by all means available.

5. Criminal Prosecution

Ultimately, detention and extradition can lead to criminal prosecution. Law enforcement agencies, government task forces, and other authorities routinely use Red Notices to pursue charges for organized crime, financial crimes, violent crimes, and other serious offenses. If you are formally charged with a crime in the country that requested your Red Notice, this will trigger the start of an entirely different process that requires experienced legal representation.

Visas and Other Issues When Seeking to Travel with an INTERPOL Red Notice

Regardless of your current immigration or refugee status, being named in a Red Notice can lead to issues related to obtaining visas and other travel authorizations as well. Individuals who have Red Notices may be unable to obtain visas, and they can also face other travel restrictions (in addition to the practical restrictions discussed above). Applying for a visa when you have a Red Notice could also lead to notification of local or national law enforcement authorities, and this could also lead to extradition or similar legal action.

Seeking Removal of Your Red Notice Through the Commission for the Control of INTERPOL’s Files (CCF)

With all of this in mind, if you are the subject of a Red Notice and you need to travel, you need to carefully weigh your options. One option may be to seek removal of your Red Notice. Requests for removal are handled by INTERPOL’s Commission for the Control of INTERPOL’s Files (CCF); and, provided that a request complies with INTERPOL’s rules, the CCF will maintain confidentiality of the request during its consideration.

FAQs: Traveling When a Red Notice Exists in INTERPOL’s System

What are the consequences of being named in an INTERPOL Red Notice?

The consequences of being named in an INTERPOL Red Notice are substantial. Not only can this cause significant reputational damage, but it can also increase your risk of being detained pending extradition. Even if your Red Notice is not public, law enforcement authorities in INTERPOL member countries will have access to the notice, and the issuance of a Red Notice allows member countries to conduct provisional arrests on behalf of countries requesting extradition. INTERPOL Red Notices remain active for years without expiration (the standard duration of a Red Notice is five years), and it is not unusual for member countries to pursue extradition long after a crime has allegedly been committed.

Is it safe to travel if I have an extradition request pending?

While a Red Notice does not automatically invalidate your passport or prevent you from traveling, traveling when you have an extradition request pending can be extremely risky. Local or national authorities in INTERPOL member countries could detain you at any point during your travels, and this could lead to extradition to a country where you are wanted for criminal prosecution. Before you travel with a Red Notice, we strongly recommend consulting with an experienced INTERPOL lawyer who can assess your situation and develop a tailored legal strategy focused on the specific circumstances you are facing.

Can I get my INTERPOL Red Notice removed?

Red Notices can be challenged before the Commission for the Control of INTERPOL’s Files (CCF). There are several potential grounds for challenging a Red Notice, and our lawyers can assess whether you have grounds to submit a request for removal. If you do, we can obtain the necessary supporting evidence, and we can pursue your request on your behalf.

Should I talk to a lawyer before traveling if I have an INTERPOL Red Notice?

Yes, due to the risks involved, we strongly recommend talking to a lawyer before traveling if you are the subject of an INTERPOL Red Notice. Attempting to travel when you have a Red Notice could result in being detained for extradition—and ultimately being extradited for prosecution in a country where you are wanted for an alleged crime.

Can I apply for asylum if I have an INTERPOL Red Notice?

Whether you can apply for asylum when you have an INTERPOL Red Notice depends on the country where you wish to seek asylum, among other factors. In some countries, a Red Notice can raise security concerns that can serve as the basis for denial of asylum—and applying for asylum can potentially result in detention and extradition. However, if you can prove that your Red Notice is invalid (i.e., that it was politically motivated), seeking asylum may be a viable option. Our INTERPOL Red Notice lawyers can help you make an informed decision.

Speak with an INTERPOL Red Notice Lawyer at Oberheiden P.C. in Confidence

If you need to speak with a lawyer about traveling with an INTERPOL Red Notice, we encourage you to contact us promptly. To schedule a confidential consultation with a senior lawyer at Oberheiden P.C. as soon as possible, call us at 888-680-1745 or tell us how we can contact you online now.

Related Pages:

INTERPOL Defense

Federal Agency International Enforcement

Defense for US Citizens Abroad

Crisis Response & Family Resources