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DHS’s Prosecutorial Discretion Guidelines May Provide Temporary Relief

On August 19, 2011 the Department of Homeland Security (DHS) announced that they are taking concrete steps to implement existing guidelines on prosecutorial discretion across the agency in an attempt to provide relief for low priority immigration cases. DHS also announced the creation of a committee which will review 300,000 immigration cases currently in removal proceedings to determine which cases are low priority and can be administratively closed. One of the factors in determining low priority cases is family relationships and community ties-factors the Administration said yesterday may apply to gay and lesbian families.

There are currently 36,000 same-sex bi-national couples in the United States, many of whom are routinely denied applications for lawful permanent residence and other relief from deportation due to the Defense of Marriage Act (DOMA). Enacted in 1996, DOMA prevents the federal government-including DHS-from recognizing marriages or civil unions of same-sex couples for purposes of receiving federal benefits. Although the Administration determined that parts of DOMA were unconstitutional, DHS is still denying immigration benefits to same-sex spouses of bi-national couples.

June 2017
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