Please Stay If You’re Gay
John Morton, Director of the US Immigration and Customs Enforcement (ICE) agency, released a memorandum on June 17, 2011 stating that the Department of Homeland would exercise prosecutorial discretion (PD) with respect to deportations, but US House Democrats are saying to the Obama administration that PD is not enough.
When exercising PD, ICE is to consider family ties and other positive factors that discourage deportation. Currently, lesbian, gay, bisexual, and transgender (LGBT) couples suffer due to the lack of specific, written guidance from ICE, the Department of Homeland Security (DHS), and the Obama Administration generally, stating that LGBT couples should be afforded the same protections opposite-sex couples are provided under Morton’s PD memo.
On July 31, a letter was written to DHS’s Secretary Janet Napolitano stating “It would be beyond senseless,” they added, “to see LGBT persons with family ties here in the United States deported simply because the affected persons, their attorneys, and/or ICE officials were unaware of DHS’s verbal policy.”
*The information provided in this post does not constitute legal advice or opinion. The information is for guidance purposes only. Individual situations vary and you should contact us for a consultation.