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.