Protection Under the Convention Against Torture

By Mónica Lisete Hernández Santiago, Mentorship Partner 

Protection under the Convention Against Torture (CAT) is a form of international protection for individuals who may not qualify for asylum or withholding of removal, but who nevertheless face a real risk of being tortured if returned to their country of origin. 

In short: 

CAT protection is not asylum, but it protects individuals from being sent to a country where they would be tortured. 

What is protection under the Convention Against Torture? 

It is an international treaty of the United Nations that absolutely prohibits torture. Countries that have ratified the treaty (including the United States) cannot return a person to a country where it is more likely than not that they would be tortured. 

What exactly does CAT protect against? 

CAT protects a person from being deported, removed, or returned to a country where there is a greater than 50% chance that they would suffer torture. 

What is considered “torture” under CAT? 

It must meet the following elements: 

1. Severe physical or mental pain or suffering; 

2. Intentionally inflicted; 

3. By a government official, or with the consent or acquiescence of the government; 

4. For purposes such as punishment, intimidation, obtaining information, or discrimination. 

CAT does not include suffering caused solely by general conditions such as poverty or common crime if the government is not involved or does not permit it. 

What do I obtain through CAT protection? 

CAT protection allows a person to remain in the United States and obtain work authorization while preventing deportation to the country where they face a risk of torture. However: 

1. It does not provide permanent legal status; 

2. It does not permit travel; 

3. It does not lead to permanent residency. 

Who typically applies for CAT protection? 

People who: 

1. Have criminal convictions that prevent them from qualifying for asylum; 

2. Cannot prove persecution based on a protected ground; but 

3. Can prove a clear risk of torture by the government. 

Where is CAT protection requested? 

Affirmative asylum before USCIS: If you are not currently in removal proceedings, you indicate on Form I-589 (Application for Asylum and for Withholding of Removal) that you are also requesting CAT protection. 

Defensive asylum before Immigration Court (EOIR): If you are in removal proceedings, Form I-589 is filed before the Immigration Judge. 

Important! 

CAT protection is only decided as a defense against deportation. It is not granted outside of immigration proceedings. 

To schedule a free exploratory consultation regarding CAT protection with Sanabria & Associates, click here.