On October 5, 2012, the Immigration & Customs Enforcement Agency released a memorandum indicating that it was modifying its definition of family relationship to include long-term, same-sex relationships. ICE will use this definition when it is making prosecutorial discretion determinations.
Under its new guidelines, ICE will consider same-sex relationships to rise to the level of “family relationships” when the couple has a long-term relationship and:
- 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, and
- typically maintain a common residence and share financial obligations and assets.
This new, expanded definition may certain give new hope to many individuals currently in immigration court. However, the memorandum ends reminding its agents that family relationship is just one of many factors that are considered – and may be outweighed by other factors.