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Applicability of Prosecutorial Discretion Memoranda to Certain Family Relationships

Applicability of Prosecutorial Discretion Memoranda to Certain Family Relationships

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"In June 2011, Director Morton issued a memorandum entitled "Exercising Prosecutorial Discretion Consistent with Civil Immigration Enforcement Priorities ofthe Agency for the Apprehension, Detention, and Removal o f Aliens" (the Prosecutorial Discretion Memorandum). This and other memoranda related to prosecutorial discretion are designed to ensure that agency resources are focused on our enforcement priorities, including individuals who pose a threat to public safety, are recent border crossers, or repeatedly violate our immigration laws. Pursuant to the Secretary's instruction, this new guidance serves to clarify how the existing memoranda related to prosecutorial discretion apply to family relationships involving long-term, same-sex partners."
"In June 2011, Director Morton issued a memorandum entitled "Exercising Prosecutorial Discretion Consistent with Civil Immigration Enforcement Priorities ofthe Agency for the Apprehension, Detention, and Removal o f Aliens" (the Prosecutorial Discretion Memorandum). This and other memoranda related to prosecutorial discretion are designed to ensure that agency resources are focused on our enforcement priorities, including individuals who pose a threat to public safety, are recent border crossers, or repeatedly violate our immigration laws. Pursuant to the Secretary's instruction, this new guidance serves to clarify how the existing memoranda related to prosecutorial discretion apply to family relationships involving long-term, same-sex partners."

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Published by: Immigration Equality on Oct 09, 2012
Copyright:Attribution Non-commercial

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09/11/2013

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MEMORANDUM FOR:FROM:SUBJECT:
OCT
-5
2012
All Field Office DirectorsAll Chief CounselAll Special Agents in Charge
A
__,fi~
GaryMead
/~
Executive Associate Director
U.S.Department
of
HomelandSecurity
500 12th Street,SWWashington, D.C.20536
U.S.
Immigrationand CustomsEnforcement
~ ~ ~ ~ i ~ ~ v ; ; ; ~ ~ ~ - - - - - - -
1
ames Dinkins
{rEx
ecutive As soc·Applicability
of
Prosecutorial Discretion Memoranda to CertainFamily RelationshipsIn June 2011, Director Morton issued a memorandum entitled "Exercising ProsecutorialDiscretion Consistent with Civil Immigration Enforcement Priorities
of
the Agency for theApprehension, Detention,and Removal
of
Aliens" (the Prosecutorial DiscretionMemorandum). This and other memoranda related to prosecutorial discretion are designed toensure that agency resources are focused on our enforcement priorities, including individualswho pose a threat to public safety,are recent border crossers,or repeatedly violate our immigration laws. Pursuant to the Secretary's instruction,this new guidance serves to clarifyhow the existing memoranda related to prosecutorial discretion apply to family relationshipsinvolving long-term,same-sex partners. When considering whether to exercise prosecutorial discretion in an individual case, ICEofficers,agents, and attorneys should examine the totality
of
the circumstances presented by thatcase. As the Prosecutorial Discretion Memorandum makes clear,one
of
the factors relevant tothat assessment is "the person's ties and contributions to the community,including familyrelationships." The factor
of
"family relationships" encompasses two adults who are in acommitted, long-term, same-sex relationship.Same-sex relationships that rise to the level
of
"family relationships"are long-term,same-sex relationships in which 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 anyone else;andtypically maintain a common residence and share financial obligations and assets.
www.ice.gov

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