United States of America: Policy With Respect to the Involuntary Return of Persons in Danger of Subjection to Torture (1998)
| Publisher | National Legislative Bodies / National Authorities |
| Author | United States |
| Publication Date | 21 October 1998 |
| Reference | USA-170 |
| Cite as | National Legislative Bodies / National Authorities, United States of America: Policy With Respect to the Involuntary Return of Persons in Danger of Subjection to Torture (1998), 21 October 1998, available at: http://www.refworld.org/docid/3ae6b51e1c.html [accessed 24 June 2017] |
| Comments | The Policy, 112 STAT. 2681-822, was under Section 2242 of Title XXII of Omnibus Appropriations Bill, Pub. L. 105-277, which was signed by the President on 21 October 1998. The Policy will become part of Title 8: 8 USC 1231. |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
(a) POLICY.
It shall be the policy of the United States not to expel, extradite, or otherwise effect the involuntary return of any person to a country in which there are substantial grounds for believing the person would be in danger of being subjected to torture, regardless of whether the person is physically present in the United States.
(b) REGULATIONS.
Not later than 120 days after the date of enactment of this Act, the heads of the appropriate agencies shall prescribe regulations to implement the obligations of the United States under Article 3 of the United Nations Convention Against Torture and Other Forms of Cruel, Inhuman or Degrading Treatment or Punishment, subject to any reservations, understandings, declarations, and provisos contained in the United States Senate resolution of ratification of the Convention.
(c) EXCLUSION OF CERTAIN ALIENS.
To the maxi-mum extent consistent with the obligations of the United States under the Convention, subject to any reservations, understandings, declarations, and provisos contained in the United States Senate resolution of ratification of the Convention, the regulations described in subsection (b) shall exclude from the protection of such regulations aliens described in section 241(b)(3)(B) of the Immigration and Nationality Act (8 U.S.C. 1231(b)(3)(B)).
(d) REVIEW AND CONSTRUCTION.
Notwithstanding any other provision of law, and except as provided in the regulations described in subsection (b), no court shall have jurisdiction to review the regulations adopted to implement this section, and nothing in this section shall be construed as providing any court jurisdiction to consider or review claims raised under the Convention or this section, or any other determination made with respect to the application of the policy set forth in subsection (a), except as part of the review of a final order of removal pursuant to section 242 of the Immigration and Nationality Act (8 U.S.C. 1252).
(e) AUTHORITY TO DETAIN.
Nothing in this section shall be construed as limiting the authority of the Attorney General to detain any person under any provision of law, including, but not limited to, any provision of the Immigration and Nationality Act.
(f) DEFINITIONS.
(1) Convention Defined.
In this section, the term "Convention" means the United Nations Convention Against Torture and Other Forms of Cruel, Inhuman or Degrading Treatment or Punishment, done at New York on December 10, 1984.
(2) Same Terms As In The Convention.
Except as otherwise provided, the terms used in this section have the meanings given those terms in the Convention, subject to any reservations, understandings, declarations, and provisos contained in the United States Senate resolution of ratification of the Convention.
