The Convention Against Torture is a complex topic. DCDK Law attorneys can explain and navigate for you from start to finish. CAT is related to but not identical to asylum.
CAT protections relate to the obligations of the United States under Article 3 of the United Nations Convention Against Torture. This is an international treaty provision designed to protect aliens from being returned to countries where they would face torture.
Torture is defined, in part, as severe pain or suffering (physical or mental) that is intentionally inflicted by or at the instigation of or with the consent or acquiescence of a public official, or other person acting in an official capacity. Under this treaty provision, the United States agrees not to “expel, return, or extradite” aliens to another country where they would be tortured.
Eligibility for CAT protections:
- Require applicants to establish that it is more likely than not that they would be tortured if removed to a specific country.
- Do not apply to all types of harm that qualify as persecution.
- Not all types of harm that qualify as persecution necessarily qualify as torture.
- Do not require applicants to establish that the torture is based on one of five protected grounds (race, religion, nationality social group, or political opinion). This differs from what is is required for asylum or withholding of removal.
- May be granted to criminals, terrorists, and persecutors; they cannot be returned to a country where they would face torture.
CAT protection allows eligible CAT recipients to apply with USCIS for work authorization, but not their family members. Also, CAT protection does not provide for recipients to become lawful permanent residents. Finally, CAT does not provide for recipients to bring family members to the United States.
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