ICE Defines Same-Sex "Family Relationships" For Purposes Of Exercising Prosecutorial Discretion
On October 5, 2012, U.S. Immigration and Customs Enforcement (“ICE”) issued additional criteria for determining when individuals who are in committed, long-term, same-sex partnerships may avoid removal (i.e., deportation) from the United States. According to the memorandum, the following factors are relevant (though not sufficient) in exercising favorable prosecutorial discretion:
- The partners are each other’s sole domestic partner and intend to remain so indefinitely;
- The partners are not in a marital or other domestic relationship with anyone else; and
- The partners typically maintain a common residence and share financial obligations and assets.
