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Exercise of Prosecutorial Discretion with Respect to LGBT Individuals

Cite as "AILA InfoNet Doc. No. 12092850 (posted Sep. 28, 2012)"

Exercising Prosecutorial Discretion with respect to lesbian, gay, bisexual and transgender individuals

A Letter from Members of Congress on Prosecutorial Discretion for LGBT Individuals. A letter from fifty four members of Congress dated 07/31/12 requesting Secretary Napolitano issue a written field guidance or a memorandum to explicitly state the policy of the August 18, 2011 announcement which would direct DHS personnel to consider LGBT family ties as a positive factor for the exercise of prosecutorial discretion.

Napolitano Letter on Prosecutorial Discretion for LGBT Individuals. A letter from DHS Secretary Janet Napolitano dated 9/27/12 announcing that she directed ICE to disseminate guidance to the field clarifying that "family relationships" includes long-term, same-sex partners for the purposes of prosecutorial discretion. AILA Doc. No. 12092849.

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