"we cannot afford the luxury of only dealing with those [intelligence agencies] that do [not torture]"

The United States ratified the Convention, subject to certain declarations, 

reservations, and understandings, including that the Convention was not self- 

executing, and therefore required domestic implementing legislation to take effect. 

In accordance with CAT Article 3, the United States enacted statutes and regulations 

to prohibit the transfer of aliens to countries where they would be tortured, including 

the Foreign Affairs Reform and Restructuring Act of 1998, section 2340A of the 

United States Criminal Code, and certain regulations implemented and enforced by 

the Department of Homeland Security (DHS), the Department of Justice (DOJ), and 

the Department of State.  These authorities, which require the withholding or deferral 

of the removal of an alien to a country where he is more likely than not to be tortured, 

generally provide aliens already residing within the United States a greater degree of 

protection than aliens arriving in the United States who are deemed inadmissible on 

security or related grounds such as terrorism.  Further, in deciding whether or not to 

remove an alien to a particular country, these rules permit the consideration of 

diplomatic assurances that an alien will not be tortured there.  Nevertheless, under 

U.S. law the removal or extradition of all aliens from the United States must be 

consistent with U.S. obligations under CAT. - Overview of U.S. Implementation Policy Concerning the Removal of Aliens