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LGBTQ: ICE Defines Same-Sex Relationship for Deportation Relief

Building on last month’s announcement from Secretary Napolitano about how ICE should consider a same-sex relationship as a valid family relationship when exercising prosecutorial discretion, the lawyers at ICE have issued additional, clarifying guidance.   “[T]his new guidance serves to clarify how the existing memoranda related to prosecutorial discretion apply to family relationships involving long-term, same-sex partners.”

The new guidance gives a definition of same-sex relationships.  Same-sex relationships are considered “family relationships” when deciding whether to stop a deportation if: the individuals are each other’s sole domestic partner and intend to remain so indefinitely, are not in a marital or other domestic relationship with another, and typically maintain a common residence and share financial obligations and assets.  The memorandum is available here.

Originally posted on AILA InfoNet.