Convention Against Torture Claims for First Responders & Family Members

At Thompson Law Advocates we stand with the first responders who dedicate their lives to protecting our communities, firefighters, police officers, paramedics, EMTs, dispatchers, and the families who support them. In an increasingly dangerous and politically volatile world, many of these individuals face legitimate fears of returning to their home countries due to threats of torture or state-sanctioned violence. Our firm provides a thorough, strategic, and compassionate approach to pursuing protection under the Convention Against Torture (CAT). We represent first responders and their family members seeking refuge from harm, working to ensure their safety is not compromised by removal proceedings or immigration barriers.

We understand that threats against first responders and their loved ones are not abstract concerns. In many countries, police, emergency workers, and public servants are viewed as enemies by criminal organizations, corrupt political regimes, or insurgent factions. In other cases, whistleblowing, witness cooperation, or service abroad has exposed clients and their families to credible threats of retaliation. CAT relief provides a critical legal pathway to safety, but success demands careful documentation, persuasive argument, and knowledge of the specific rules and case law that define torture in the immigration context. Our legal team ensures that each CAT claim is presented with the depth and diligence it deserves.

Understanding CAT Protection Under U.S. Law

The United Nations Convention Against Torture, ratified by the United States in 1994, prohibits the return of any individual to a country where there are substantial grounds to believe they would be subjected to torture. Unlike asylum or withholding of removal, CAT protection does not depend on race, religion, nationality, political opinion, or social group membership. Instead, it focuses exclusively on the likelihood that a person will suffer torture if removed. Under U.S. regulations, torture is defined as the intentional infliction of severe physical or mental pain or suffering, carried out by or with the acquiescence of a public official.

Applicants must demonstrate that it is more likely than not that they would be tortured in the country of removal. This burden is typically met through a combination of personal testimony, affidavits, medical and psychological evaluations, country conditions reports, and documentation of past threats or violence. The process requires more than mere fear or speculation. It requires credible, detailed information that aligns with known patterns of abuse in the applicant’s home country.

The U.S. immigration system provides two primary forms of CAT protection:

• Withholding of removal under CAT, which prohibits removal to the country where torture is likely and offers more stable protection but may not be available to those with disqualifying criminal records.
  
• Deferral of removal under CAT, which is more limited but still prevents deportation and may be granted to applicants who are otherwise ineligible for withholding due to certain legal bars.

First Responders as Targets of Torture Abroad

First responders are uniquely vulnerable to threats in countries plagued by corruption, instability, or organized violence. For example, police officers returning to regions dominated by cartels or rebel groups may face retribution simply for having worn the uniform. Emergency medical personnel who assisted in peacekeeping or U.S. government initiatives abroad may be labeled traitors or collaborators by hostile factions. In some countries, being associated with law enforcement, even as a spouse or child, can result in surveillance, harassment, or physical harm at the hands of government or paramilitary forces.

Even family members of first responders may be at risk. In countries where government actors target individuals by association, spouses and children of police officers, paramedics, and firefighters have been subject to threats, abductions, and assaults designed to intimidate or punish the public servant. In these cases, the applicant must demonstrate that the torture would occur with the consent or willful ignorance of public officials. U.S. courts have ruled that government acquiescence includes instances where authorities are aware of a likely risk but fail to intervene.

Establishing Eligibility for CAT Relief

To succeed on a CAT claim, the applicant must provide evidence that meets the high standard of proof: that it is more likely than not they would be tortured if removed. This burden is typically met through a combination of personal testimony, affidavits, medical and psychological evaluations, country conditions reports, and documentation of past threats or violence.

Strong CAT claims are supported by:

• A detailed personal declaration describing past threats or abuse and the basis for ongoing fear.
  
• Documentary evidence such as police reports, news articles, hospital records, and photographs.
  
• Medical and psychological evaluations showing trauma or long-term harm.
  
• Country conditions reports detailing violence against first responders and the government’s inability to provide protection.
  
• Witness affidavits, expert statements, and corroborating documents from family members or community figures.

Medical and psychological evidence plays a key role in many cases. First responders who have suffered trauma, whether physical or mental, often exhibit signs of PTSD, anxiety, or depression. Reports from licensed professionals can confirm the lasting effects of past abuse and assess the potential for future harm if the individual is returned. Courts have recognized that mental suffering, when deliberately inflicted or knowingly tolerated by authorities, can constitute torture under the Convention.

The Application Process and Our Role

Filing for CAT relief requires attention to detail and careful compliance with procedural requirements. CAT claims are often filed alongside asylum and withholding of removal claims using Form I-589. However, even if other forms of relief are denied, the government is still required to evaluate eligibility under CAT. It is essential to ensure that the relevant sections of the form are completed and that CAT protections are clearly asserted in the supporting statement.

Once the application is submitted, the applicant will typically appear for a series of hearings before an immigration judge. These include a master calendar hearing and a merits hearing, where testimony and evidence are presented. If the client is in detention, our attorney may also seek a bond hearing or request humanitarian parole to facilitate better case preparation. We represent clients through each phase, preparing them for questioning, submitting exhibits, and advocating for relief under the applicable law.

If a claim is denied, we prepare appeals to the Board of Immigration Appeals and, if necessary, to the federal circuit courts. We challenge legal errors, highlight new evidence, and argue that the lower court failed to apply the proper standard for CAT eligibility. We also file motions to reopen or reconsider when appropriate, especially if conditions in the applicant’s home country deteriorate or if new threats emerge.

Our Approach to Representing First Responders

Thompson Law Advocates provides a trauma-informed, comprehensive approach to representing first responders and their families. We understand the immense burdens that our clients carry; both the duty they have fulfilled in their work and the pain they have endured as a result. We take the time to listen carefully, craft compelling declarations, gather supporting documentation, and build legal arguments rooted in established case law. Our attorney is deeply familiar with the mechanisms that shape CAT jurisprudence, from administrative rules to federal appellate guidance.

We are committed to protecting those who have served others and are now in need of protection themselves. When we take on a CAT case, we work closely with:

• Medical and mental health professionals who can evaluate and document trauma.
  
• Country conditions experts who provide credible information about risk factors.
  
• Family members, colleagues, and witnesses who can corroborate the threats or past mistreatment.
  
• You, the client, to ensure your story is told clearly, honestly, and persuasively.

We also understand that many first responders face unique obstacles. Some may be disqualified from asylum due to late filing or criminal records but still qualify for CAT protection. Others may have previously been denied relief but now have new evidence or deteriorated conditions in their country of origin. We do not view these cases as hopeless. Instead, we identify the strengths, address the weaknesses, and pursue every available path forward.

Taking the First Step Toward Protection

If you or a loved one is a first responder facing removal to a country where you fear torture, time is critical. The legal standard for CAT is high, but it is achievable with thorough preparation and credible evidence. Filing early, providing detailed declarations, and gathering corroborating documentation can significantly increase your chances of success. Even if you are currently in removal proceedings or have been previously denied asylum, you may still qualify for CAT protection.

At Thompson Law Advocates, we provide thoughtful, focused representation for individuals and families in these difficult situations. We know how to make the law work in favor of those who need it most. If you believe you are at risk, contact our office today to schedule a consultation and begin the process of securing your safety and your future.