Government clarfies deportation decisions of military families

U.S. Government Works

The Department of Homeland Security released today a policy memo that provides and clarifies guidance for the delayed deportation of certain members of military service member’s family.

In particular the memo addresses those non-citizen military members who are enlisted in the delayed entry and/or have alien family members.

The memo, released shortly after noon on Wednesday, draws on concerns that troops and military service members “face stress and anxiety because of the immigration status of their family members in the United States,” according to a Nov. 15 memo released with today’s update.

The latest memo address and clarifies a 2013 policy memo that regards “parole in place.” PIP allows the government to show discretion for families and spouses of troops. Another issue addressed includes the applications of non-citizens who want to enlist in the military. Non-citizens are chosen by their skillset and the lack of qualified enlisted citizens to do a certain job.

PIP is clarified to include “former designated military personnel (who were not dishonorably discharged) whether they are living or deceased.”

It further clarifies that it includes “close family members of such individuals, who served and sacrificed for our nation, are deserving of consideration for a favorable exercise of discretion on a case-by-case basis in accordance with (policies).”

The Wednesday memo also reinforces the discretionary power the government has to delay deportation of someone connected to a non-citizen who serves in the military.

Factors that are weighed in a deportation decision includes being a non-citizen who is in the delayed entry military program. But today’s memo clarifies that that consideration will also be given to the proposed military troop’s spouse, parent, son, or daughter regardless of the documented alien status.

“The presence of one or more of the preceding factors does not guarantee a grant of deferred action, which constitutes only a favorable exercise of immigration enforcement discretion, but may be considered a strong positive factor weighing in favor of granting deferred action as a matter of discretion,” the memo states.

In a housekeeping move, the term “children” is replaced with “sons and daughters” throughout the document.

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