The United States has confirmed it will not seek the death penalty against three of Mexico’s most notorious cartel leaders: Ismael “El Mayo” Zambada, Rafael Caro Quintero, and Vicente Carrillo Fuentes, also known as “El Viceroy.”
The decision, announced by the U.S. Department of Justice, was filed in federal courts overseeing each of the three men’s cases. It marks a major departure from past high-profile drug prosecutions in which capital punishment remained on the table.
This legal turn is likely to affect ongoing and future extraditions between Mexico and the U.S., given Mexico’s constitutional ban on extraditing suspects who face the death penalty abroad.
A legal strategy with diplomatic weight
The Justice Department’s move is seen as part of a broader strategy to ensure cooperation with Mexican authorities. Under Mexican law, the country cannot extradite individuals to face capital punishment unless formal assurances are given that the sentence won’t be sought.
Those assurances were a sticking point in several past cases, including the extradition of Joaquín “El Chapo” Guzmán. By waiving the death penalty up front, U.S. prosecutors are avoiding drawn-out diplomatic hurdles and ensuring these high-profile cases can move forward swiftly.
Prosecutors said the decision allows trials to proceed while respecting the extradition framework between the two countries.
Who are the three cartel leaders?
Ismael “El Mayo” Zambada is considered the last of the old-guard drug lords still at large or in power. A co-founder of the Sinaloa Cartel, Zambada has eluded capture for decades. Though believed to be in hiding in Mexico, he faces multiple indictments in the U.S. for trafficking cocaine, heroin, methamphetamine, and fentanyl.
Rafael Caro Quintero, the founder of the now-defunct Guadalajara Cartel, is infamous for his role in the 1985 kidnapping and murder of DEA agent Enrique “Kiki” Camarena. After spending 28 years in a Mexican prison, Caro Quintero was released on a technicality in 2013, then became a fugitive again. He was recaptured in 2022 and is currently detained in Mexico pending extradition.
Vicente Carrillo Fuentes, once head of the Juárez Cartel, was arrested in 2014. He is already in U.S. custody and facing federal charges for racketeering and drug trafficking. His organization was involved in some of the most violent episodes of the drug war, especially during battles with the Sinaloa Cartel for control of smuggling routes.
Defense teams welcome the shift
Attorneys for the three men welcomed the decision not to pursue the death penalty, calling it a rational choice that allows the legal process to unfold without the complications of capital cases.
One lawyer, who spoke on condition of anonymity due to the sensitivity of the proceedings, said the government’s notice represented a “step toward a just resolution without inflaming political tensions between the two countries.”
Capital punishment remains legal at the federal level in the U.S., though actual executions are rare and increasingly controversial.
Legal implications for Mexico
The case highlights a recurring tension between Mexico’s opposition to the death penalty and U.S. prosecutors’ desire to secure maximum sentences. President Claudia Sheinbaum has maintained her predecessor’s stance that Mexico must never cooperate with prosecutions that lead to executions abroad.
This long-standing policy stems from Mexico’s commitment to international human rights treaties and its constitutional protections against cruel or unusual punishment.
Human rights groups in both countries welcomed the news. “It’s important that justice be done without violating core human rights principles,” said a representative from Mexico’s National Human Rights Commission (CNDH), who praised the U.S. for respecting Mexico’s legal position.
A wider trend in cartel prosecutions
The decision not to pursue the death penalty comes amid increasing debate over how best to prosecute transnational organized crime.
Critics of capital punishment argue that seeking the death penalty slows down extraditions and creates friction between governments. Others believe it has little deterrent effect on violent cartel leaders who often see prison or death as the cost of doing business.
Legal experts also point to practical obstacles. “Federal death penalty cases are extraordinarily complex and resource-intensive,” said a former assistant U.S. attorney. “In many cases, life imprisonment achieves the same ends with far fewer complications.”
As Mexico and the U.S. continue to coordinate against drug trafficking, human smuggling, and money laundering, this latest move signals a willingness to prioritize cooperation over maximum punishment.
