Contributed by Bryon Large
By
now, most practitioners and immigration advocates are aware of the June 15,
2011 Morton Memoranda regarding the exercise of prosecutorial discretion to
persons in removal proceedings in accordance with ICE’s removal priorities. While there were was vague language regarding
family relationships in ICE’s guidance, and while assurances were made that
same-sex couples would be recognized in the guidance, no official word came
from the Department or ICE in writing.
Advocates for LGBT immigration issues received assurances that the vague
language did not require a couple to be married, nor even of opposite sex, when
ICE was evaluating a case for prosecutorial discretion. However, in practice application of the
Morton Prosecutorial Discretion Memos was inconsistent throughout the
country. While leadership in Washington
On
Thursday, September 27, 2012, Secretary Napolitano answered a letter from some
Members of Congress requesting clarification on the issue. Specifically, in her response, Secretary
Napolitano clarified that the term “familial relationships” specifically would
include long-term, same-sex partners.
She also specified that she has directed ICE to disseminate written
guidance to the field clarifying the issue.
Advocates expect ICE guidance in the very near future on this issue.
Given
the DOMA litigation, the pending Uniting American Families Act which would
recognize same-sex relationships for immigration purposes, and the wave of
marriage recognition across the country, this forthcoming guidance from ICE at
the Secretary’s direction is a large advance for the LGBT community in
immigration issues.
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