Thursday, October 4, 2012

DHS Will Recognize LGBT Partners as Family Relationship for the Purpose of Exercise of Prosecutorial Discretion Against Immigration Enforcement

In the so-called Prosecutorial Exercise of Discretion Memorandum of ICE, family reunification is one of the important factor to exercise discretion against enforfocement of immigration law and removal of the alien.  

Report indicates that Rep. Nancy Polosi, Rep. Jerrold Nadler, Rep. Mike Honda, and 81 other members of Congress wrote a letter to recognize the ties of a same-sex partner or spouse as a positive factor for discretary relief in immigration enforcement deportation cases. 

Rep. Pelosi reports that the Department of Homeland Security Secretary Janet Napolitano announced that she would direct U.S. Immigration and Customs Enforcement to issue written guidance to field offices codifying that LGBT family ties would be recognized in immigration cases. This interpretation of the family ties will expand the group of people who will be eligible for discretionary relief from deportation.

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