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.