WASHINGTON, August 26, 2010 (AFP) – The U.S. government has issued new rules aimed at halting the deportation of undocumented migrants who are in the process of legalizing their immigration status, according to a memo AFP obtained Thursday.

The measure could affect tens of thousands of people in the United States who have close relatives who are citizens or permanent residents and have filed paperwork to sponsor the stay of the migrants in the United States.

The Immigration and Customs Enforcement Agency (ICE) memo, dated August 20, specifies what officials should do when they detain suspected illegal migrants.

“Where there is an underlying application or petition and ICE determines in the exercise of discretion that a non-detained individual appears eligible for relief from removal,” ICE lawyers “should promptly move to dismiss proceedings,” read the Department of Homeland Security memo.

As of July 2009, ICE identified some 17,000 cases of immigrants deported even though their legalization cases were being processed.

Nearly 40,000 immigrants in fiscal year 2009 – the government year that runs from October to September – obtained U.S. residence thanks to sponsorship from close relatives who were legal residents, according to ICE data.

During the same period U.S. immigration officials deported more than 393,000 illegal immigrants.

ICE chief John Morton has said that the government’s priority is to locate and deport illegal immigrants with criminal backgrounds.