Conventions Against Torture and Deportation

One of the reasons for contacting any immigration law firm Chicago has is to prevent deportation. While there are a number of reasons an illegal alien, permanent resident, or even a worker with an H1B visa could be deported, under no circumstances should this happen if there is a reasonable cause to believe that it will result in torture, either physical or mental.

The Convention Against Torture (CAT) was adopted by the United Nations in 1984. It was fully ratified in 1987, and 151 members of the United Nations support it, including the United States. So, what conditions does CAT protect against?

The Definition of Torture Under CAT

The official definition is bloated with bureaucratic legalese that is difficult to understand. In the simplest terms, it defines torture as the intentional infliction of physical or mental suffering by a state official. Many who contact any immigration law firm Chicago has misunderstand this, though.

To defeat deportation through CAT, any immigration law firm Chicago has must prove that the “torture” will be:

1.       Intentional

2.       Result in severe pain and/or suffering

3.       Sanctioned by a government or public official

If all of these qualifications are not met, then deportation cannot be prevented under the Convention Against Torture.

An Example of Deportation Relief via CAT

Assume an immigrant has committed a felony, is arrested, and becomes a probable candidate for deportation. If any immigration law firm Chicago has identifies this person as the likely target of torture, then they may request relief under CAT. An example of such a situation is one in which the immigrant once actively participated in protests against the current administration in power, especially when it is known that the administration employs torture-like activities on those deemed enemies of the state.

An Example of Deportation Relief Being Denied via CAT

Unfortunately, there is a chance any immigration law firm Chicago has to misunderstand the application of CAT. One common scenario is one in which specialized medical care is necessary for the immigrant to stay in good health. The lack of this care in the immigrant’s home country will not provide relief from deportation under CAT, as the resulting pain and suffering is not intentional and sanctioned by a government or public official.

Limitations of Residency Under CAT

Relief of deportation under CAT is typically seen as a measure of last resort. It results in severe limitations on what the immigrant is able to do, including:

1.       An inability to apply for permanent resident status

2.       Disallowance of travel outside of the united states

3.       No longer being eligible for employment within the United States

There are, however, certain exceptions that can be made by Immigration and Customs Enforcement, as well as Citizenship and Immigration Services. It’s important that you worked with only a qualified immigration law firm Chicago has in order to improve your chances of not only avoiding deportation through CAT, but also to maintain some semblance of normal life while still in the United States.

If you, or a loved one, are facing deportation and your only hope at relief is CAT, it’s essential you find a lawyer with extensive experience in this area.