Instead of granting executive amnesty, couldn’t Obama just pardon illegal immigrants?

posted at 7:21 pm on August 6, 2014 by Allahpundit

A follow-up to my earlier post about what O can and can’t do under Article II. One thing he can do, unambiguously, is pardon people — lots of people if he likes, just as Jimmy Carter pardoned many thousands of draft dodgers after Vietnam. He could also pardon people preemptively, before they’re charged, which is what Gerald Ford did for Richard Nixon. The obvious question, then: If O’s on firm ground constitutionally in using the pardon power, why doesn’t he explicitly frame his upcoming mega-amnesty for illegals as a pardon? Guy Benson and I spent a solid half-hour debating that this afternoon via e-mail and I figured some readers are also wondering. In fact, here’s Guy’s post on the subject, published a few hours ago at Townhall.

One potential obstacle to a pardon is the idea that an illegal’s ongoing presence in the U.S. is a continuing violation. You can pardon him for having been here already, but what about pardoning him again the day after the pardon issues, and the day after that, and so on? I think that’s less of a legal obstacle than a rhetorical one, though. Obama could issue an order declaring his intent to pardon any nonviolent offender served with an order of deportation now or in the future. That would be a cue to immigration officials not to bother trying to remove anyone. Mission accomplished.

A much bigger obstacle, via Gabe Malor, is that the pardon power simply doesn’t apply to immigration offenses. But don’t take his word for it. Here’s a tidbit from the DOJ’s own webpage on pardons:

For over 100 years, the President has relied on the Department of Justice, and particularly the Office of the Pardon Attorney, for assistance in the exercise of the executive clemency power granted to the President by Article II, Section 2 of the Constitution. Under the Constitution, the President’s clemency power extends only to federal criminal offenses.

Crossing the border illegally isn’t a criminal offense, notes Gabe. It’s a civil offense. The amnesty-friendly wonks at WaPo reluctantly made the same point back in 2011 when the thought of pardoning illegals was raised at the time:

In reality, the president does not possess this authority, as unauthorized presence in the U.S. is a civil violation, not a criminal one. Presidential pardon power only applies to federal crimes, described as “offenses against the United States” in the Constitution. As such, “a pardon can’t make someone a citizen or lawful resident,” explains John Harrison, a law professor at the University of Virginia. “Deportation is not a criminal proceeding, it’s a civil process that removes from the country someone who is not entitled to be here.”

Only Congress can change the terms for granting immigration status or citizenship, whether for all immigrants or a subset of people. And that’s why an immigration overhaul has stalled for so many years.

In normal times that would be enough to take this option off the table, but we don’t live in normal times or else we wouldn’t be gaming out how the president’s planning to unilaterally legalize five million farking people. 2014 is a world away from 2011; the president does all sorts of things nowadays that people used to think only Congress had the power to do. So, depending on how bold Obama’s feeling, he could note that the Constitution grants the president a pardon power for “offenses against the United States.” That’s been interpreted to mean criminal offenses only but I’ll bet if you asked a bunch of Republicans whether illegal border-crossing should qualify in the abstract as an “offense against the United States,” you’d get upwards of 90 percent saying yes. O could say, in announcing a mass pardon, “these people have committed an offense against the United States, but…” and then wait for the GOP to sue him over the fact that he’s trying to grant a pardon for a civil offense, not a criminal one. The politics of that could be dicey for Republicans — they’ll be demagogued as anti-Latino for opposing Obama’s order, naturally — and even if they file suit anyway, Obama would be fine with punting this issue to the Supreme Court. If they uphold precedent and declare that pardons don’t apply for civil offenses, that’s fine. The whole point of this amnesty ballet is to pander to Latino voters and he’ll have succeeded at that no matter what happens in court. If the four Democrats on the Court plus Anthony Kennedy go into the tank and decide that “offenses against the United States” include border-crossing after all, great. O will have set a bold new precedent in expansive executive authority.

One other nice thing for amnesty shills about a pardon for illegals is that it would change their legal status in a way that “prosecutorial discretion” might not. If O exercises his discretion not to have you deported, that doesn’t automatically mean you’re now legal; it just means the feds have better things to do than deport you right now. With a pardon, by contrast, your offense would be expunged. You’d be here in the U.S. and you’d be guilty of no offense; I’m not sure what that would make you technically — a permanent resident? an “unauthorized immigrant at sufferance” or something? — but you might be eligible to work now that you’re not facing any charges. And of course, the politics of issuing a pardon are much better for the White House than issuing “DACA II” or “parole-in-place” or whatever gassy argle-bargle Obama might end up choosing instead. If you’re going to pander to the left and to Latino voters, you might as well stick to a concept that everyone understands rather than some too-cute finessing of immigration law. I’m sure it’s what O would prefer to do — if he could. But ultimately, the precedent on pardons applying only to criminal offenses might be too much for him to gamble on this. He got smacked down 9-0 on recess appointments and he might well get smacked down 9-0 on this one, which would add credence to the GOP’s argument that he’s an executive run amok. Alas, his historic, unprecedented mega-amnesty will probably have to find a more prosaic vehicle. Too bad — if you’re going to drop the bomb, you might as well make it as many megatons as possible.


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I hope the federales are prepared for lawsuits by legal immigrants who spent a lot of money and waited years for citizenship…

workingclass artist on August 6, 2014 at 7:25 PM

With a pardon, by contrast, your offense would be expunged. You’d be here in the U.S. and you’d be guilty of no offense; I’m not sure what that would make you technically — a permanent resident?

5 seconds after you were pardoned, you’d still be in violation of visa requirements.

A pardon doesn’t grant you immunity from being prosecuted for committing the same crime again.

MichaelGabriel on August 6, 2014 at 7:28 PM

Can he grant himself a pardon before leaving office?

ShainS on August 6, 2014 at 7:28 PM

Isn’t everything without a waiver illegal now according to Hustler Eric Holder?

viking01 on August 6, 2014 at 7:28 PM

So it would seem that Dear Liar is constitutionally prohibited from an amnesty pardon. Raise your hand if you think that’ll stop him. I predict a round number.

Wisdom_of_Homer on August 6, 2014 at 7:30 PM

About Carter’s pardon…

Carter’s pardon stated that only civilians who were CONVICTED of [violating] the Military Selective Service Act by draft-evasion acts or omissions committed between August 4, 1964 and March 28, 1973 were eligible. The pardon was unconditional and wiped criminal records clean, but it only applied to civilians, not the estimated 500,000 to 1 million active-duty personnel who went AWOL (absent without leave) or deserted during the war.

He pardoned people who had already ACTUALLY been CONVICTED. Their CRIMINAL RECORDS were expunged of the offence.

He didn’t issue a blanket pardon for everyone, who had dodged the draft. You actually had to have been CONVICTED first.

And, the pardon was granted to those on a definitive list. In other words, we knew exactly who they were BECAUSE THEY HAD ALREADY BEEN CONVICTED.

In the case of illegals, we don’t even know their names…because ‘shadows.’

Resist We Much on August 6, 2014 at 7:32 PM

#BuckFarack
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Nutstuyu on August 6, 2014 at 7:33 PM

Wisdom_of_Homer on August 6, 2014 at 7:30 PM

8 ?

8 weight on August 6, 2014 at 7:37 PM

Instead of granting executive amnesty, couldn’t Obama just pardon illegal immigrants?

AllahP, bite yer tongue! o_O

gassy argle-bargle

I’ll have to remember this one… ;-)

Newtie and the Beauty on August 6, 2014 at 7:38 PM

Well, the arrogant bastard has to do something now. He has telegraphed it too much not to. The questions are how and how big. I’m gonna go with big.

KCB on August 6, 2014 at 7:40 PM

OBAMA’S PARTNERSHIP WITH MEXICAN DRUG CARTELS GOES FAR BEYOND GUNS

http://www.powerlineblog.com/archives/2013/12/federal-court-obamas-partnership-with-mexican-drug-cartels-goes-far-beyond-guns.php

These are the violent criminals with whom the Obama administration collaborates to achieve illegal goals, rather than arresting them.

Judge Hanen points out that when the Obama administration helps drug cartels to violate our laws successfully, and get paid for doing so, it can only encourage more evil:

Time and again this Court has been told by representatives of the Government and the defense that the cartels control the entire smuggling process. These entities are not known for their concern for human life. They do not hire bonded childcare providers to smuggle children. By fostering an atmosphere whereby illegal aliens are encouraged to pay human smugglers for further services, the Government is not only allowing them to fund the illegal and evil activities of these cartels, but is also inspiring them to do so. The big economic losers in this scenario are the citizens of the United States who, by virtue of this DHS policy, are helping fund these evil ventures with their tax dollars.

There is more; follow the link to read it. The shocking reality is that the Obama administration–specifically, Obama’s Department of Homeland Security–has entered into partnership with the Mexican drug cartels to assist in the smuggling of illegal aliens into the United States, thus assuring, among other things, that the cartels get paid and will want to do it again. Judge Hanen concludes with this:

The DHS should enforce the laws of the United States–not break them.

It seems like little enough to ask, but lawbreaking rather than law enforcement will be the order of the day until we have a new president.

I don’t think Barack Obama is as evil as the vicious killers who head the Mexican drug cartels. The cartels have horrified the world with their mass murders, their torturing of innocent people, their hanging of decapitated bodies from highway overpasses and stacking of cut-off heads next to roadways. But one wonders: why does Obama want to partner with these inhuman mass murderers? Why did he ship them thousands of lethal weapons through the Fast and Furious program? Why has he ordered his Department of Homeland Security not to arrest the cartel members who traffic in small children, but rather, to partner with those criminals to achieve the goals of their illegal conspiracies, and to assure that the cartels will be paid, even though countless U.S. laws are broken along the way? Why has Obama transformed DHS, which was supposed to be a law enforcement agency, into a collaborator with the world’s most homicidal gangs? Maybe there is an innocent explanation for Barack Obama’s conduct, but I can’t think what it might be. We may need to reassess our charitable judgment of Obama’s character.

Simple – Obama needs them to push as many illegals into America while he his President.

redguy on August 6, 2014 at 7:40 PM

Instead of granting executive amnesty, couldn’t Obama just pardon illegal immigrants?

At some point the stupid “folks” who voted for Snuggles will say enough is enough. We’re not talking about neurosurgeons and CEOs here. If Snuggles were to put thousands of more “folks” into competition for no-skill jobs- well that would be ugly.

Happy Nomad on August 6, 2014 at 7:41 PM

The issue that matters is how can he secure them the right to vote. If he can’t do that, than what good does legalizing their presence do for anyone not on the board of the Chamber of Commerce?

BKeyser on August 6, 2014 at 7:41 PM

Crossing the border illegally isn’t a criminal offense, notes Gabe. It’s a civil offense. The amnesty-friendly wonks at WaPo reluctantly made the same point back in 2011 when the thought of pardoning illegals was raised at the time:

Crossing the border illegally is not a crime? 8 USC 1325 Punishable by imprisonment for 6 months to two years. Sounds like a crime to me.

§1325 . Improper entry by alien
(a) Improper time or place; avoidance of examination or inspection; misrepresentation and concealment of facts

Any alien who (1) enters or attempts to enter the United States at any time or place other than as designated by immigration officers, or (2) eludes examination or inspection by immigration officers, or (3) attempts to enter or obtains entry to the United States by a willfully false or misleading representation or the willful concealment of a material fact, shall, for the first commission of any such offense, be fined under title 18 or imprisoned not more than 6 months, or both, and, for a subsequent commission of any such offense, be fined under title 18, or imprisoned not more than 2 years, or both.

Buckshots on August 6, 2014 at 7:42 PM

Well, the arrogant bastard has to do something now. He has telegraphed it too much not to. The questions are how and how big. I’m gonna go with big.

KCB on August 6, 2014 at 7:40 PM

I’ve got to disagree. Snuggles is going to do what is good for Snuggles. He doesn’t care about the Dems any more than he cares about Republicans. Dems are forced to defend whatever the rat-eared bastard does even though it doesn’t help them.

Happy Nomad on August 6, 2014 at 7:44 PM

The issue that matters is how can he secure them the right to vote. If he can’t do that, than what good does legalizing their presence do for anyone not on the board of the Chamber of Commerce?

BKeyser on August 6, 2014 at 7:41 PM

Doesn’t Eric Holder have a strangely intense opinion on voter ID? Hmmmmm…. I just can’t quite put my finger on it.

KCB on August 6, 2014 at 7:44 PM

So he can pardon citizens of other countries now? And if he pardons them.. they’re still not citizens.

JellyToast on August 6, 2014 at 7:46 PM

I’ve got to disagree. Snuggles is going to do what is good for Snuggles. He doesn’t care about the Dems any more than he cares about Republicans. Dems are forced to defend whatever the rat-eared bastard does even though it doesn’t help them.

Happy Nomad on August 6, 2014 at 7:44 PM

I agree, but his narcissism is exactly why he will go, and go big. IMO.

KCB on August 6, 2014 at 7:47 PM

The issue that matters is how can he secure them the right to vote. If he can’t do that, than what good does legalizing their presence do for anyone not on the board of the Chamber of Commerce?

BKeyser on August 6, 2014 at 7:41 PM

They vote regardless of whether they have that right or not, all the while dropping anchor babies and importing numerous relatives via chain-migration (who then vote regardless of whether they have that right or not) …

ShainS on August 6, 2014 at 7:48 PM

Shadows my arse…

“The Internal Revenue Service (IRS) quietly changed regulations to allow more undocumented immigrants to keep their taxpayer status through a program that is rife with fraud and abuse, and to delay deactivation of immigrant taxpayer status until 2016.

The IRS now prevents peoples’ Individual Taxpayer Identification Number (ITIN) from automatically expiring after five years as previously mandated. Now immigrants can keep their ITIN so long as they pay taxes at least once in a five-year period. (RELATED: IRS Loophole For Illegals’ Children Costs Taxpayers Billions)

The ITIN program is primarily used by undocumented workers to follow the law and file income taxes in the United States. Reports came out during the IRS scandal linking ITIN fraud to billions in lost taxpayer dollars. The IRS was forced to reform the ITIN program at the start of 2013 – but this new regulation undoes that reform.

“The IRS will not deactivate an ITIN that has been used on at least one tax return in the past five years,” the IRS said in an explainer of the new policy. “To give all interested parties time to adjust and allow the IRS to reprogram its systems, the IRS will not begin deactivating ITINs until 2016…The new, more uniform policy applies to any ITIN, regardless of when it was issued.”

“Developed in consultation with taxpayers, their representatives and other stakeholders, the new policy replaces the existing one that went into effect on Jan. 1, 2013,” the IRS stated. “Under the old policy, announced in November 2012, ITINs issued after Jan. 1, 2013 would have automatically expired after five years, even if used properly and regularly by taxpayers.”

Republican Texas Rep. Sam Johnson grilled the acting commissioner of the IRS on ITIN fraud at a hearing as recent as June 27, 2013. (RELATED: How To Destroy A Hard Drive: IRS Edition)

“Last summer the IG issued a damning report in which it found that IRS management ‘discouraged’ IRS workers from ‘detecting fraudulent [ITIN] applications.’ The IG’s report led me to call on then-Commissioner Shulman to resign,” Johnson said to then-acting IRS commissioner Danny Werfel.

“On the screen, I’ve got figure 6 from the 2012 IG report showing most frequently used addresses for ITIN tax refunds. As you can see, nearly 24,000 tax refunds totaling $46.4 million were issued to the same address in Atlanta,” Johnson said. “Bottom-line these ITINs are costing taxpayers dearly because they can be used to fraudulently get tax refunds…Look at figure 3 on the screen. Over 1,000 ITINs were assigned to individuals using the same address in Atlanta. You agree that there’s still a problem?”

“Also the IG found that IRS workers handling ITIN applications ‘remain concerned’ that management will basically pressure them to rubberstamp applications instead of ensuring that ‘only qualified individuals receive an ITIN,’” Johnson pointed out….”

Read more: http://dailycaller.com/2014/08/06/irs-abolishes-mandatory-expiration-dates-for-illegal-immigrants-taxpayer-status/#ixzz39eubagag

workingclass artist on August 6, 2014 at 7:48 PM

Realistically, because of the damage to the Democrat brand when people begin to consider that the United States would become the destination du jour for every would-be illegal alien in the world ( why bother waiting to come legally at all when you can get here faster illegally and get to stay), and that they’re expected to support them when they get here if Obama grants ‘amnesty’ to 5-9 million illegal aliens already here. Add the depression of wages and increased competition for jobs, millions more signing up for benefits, local benefits as well as the federal means tested welfare programs ( worth noting here that those welfare programs would have to be cut dramatically in order to accommodate not only the additional 5-9 million but the millions who would surely follow and even the EBT/ Obamaphone crowd would resent that). And, when Democrats begin to realize that if a Democrat president can simply ignore the law and congress and make it up as he goes along so can a Republican president… with Obama’s precedents to back him/her up…they’ll recoil in horror.

I think the ‘amnesty’ bite that Obama’s about to inflict on the rule of law via EO will be much smaller than the 5 million plus being tossed around.

Probably another select and sympathetic group like the DREAMER’s before them. Perhaps illegal aliens who can demonstrate they’ve been in the nation for 5 years or more, paid taxes ( the IRS just quietly rolled back the reforms to the tax identification card program and now illegal aliens can keep the card beyond five years and only have to pay taxes once in those five years), and have committed no other violations except those that are immigration related. A finite number of illegal aliens who can be packaged to appear to be those who have a vested interest in this nation.

The reason I believe this to be the case is simple. If the Democrats ever honored their repeated promises of blanket amnesty they’d lost that cudgel they use to get the Latino base to the polls, and they’d lose a weapon to vilify the GOP as ‘anti-child’, ‘anti-Latino’, ‘anti-working poor’, etc.

With a limited second amnesty along the lines of DACA, Obama and the Democrats can claim they did all they could do within the law and it’s the fault of those darned hateful GOP types that amnesty can’t be passed. ( Don’t any of you dare to mention that Obama and the Democrats controlled the presidency and both chambers of congress in 2009 and could have passed anything they liked since the day Obama was inaugurated until they lost the House of Representatives or Pelosi will chase you around the house floor).

thatsafactjack on August 6, 2014 at 7:48 PM

So he can pardon citizens of other countries now? And if he pardons them.. they’re still not citizens.

JellyToast on August 6, 2014 at 7:46 PM

I was wondering if his pardon authority extends to non citizens as well. Maybe Sophie has some insight she can share. She is both brilliant and gorgeous!

KCB on August 6, 2014 at 7:49 PM

Buckshots on August 6, 2014 at 7:42 PM

Thank you so much for finding and posting that!

That statement didn’t pass the smell test with me when I read it …

ShainS on August 6, 2014 at 7:49 PM

Obama could issue an order declaring his intent to pardon any nonviolent offender served with an order of deportation now or in the future. That would be a cue to immigration officials not to bother trying to remove anyone. Mission accomplished.

Not really. Ted Cruz can announce, the very next day, that he is running for president, and that he will not honor this promise. Mission unaccomplished.

RINO in Name Only on August 6, 2014 at 7:51 PM

The pardon also puts them in legal limbo.

They’re no longer here illegally but they’re still NOT citizens which means they don’t have access to social services. If anything they become a new class of citizen.

And then what happens in another 10 years when another million illegals have been let over the border? Do we pardon them? Does this group then just become Democrat voting block and whenever the dems want new voters they just open the borders and bless them when they have the presidency which will be approx 50% of the time?

Skywise on August 6, 2014 at 7:53 PM

The issue that matters is how can he secure them the right to vote. If he can’t do that, than what good does legalizing their presence do for anyone not on the board of the Chamber of Commerce?

BKeyser on August 6, 2014 at 7:41 PM

Doesn’t Eric Holder have a strangely intense opinion on voter ID? Hmmmmm…. I just can’t quite put my finger on it.

KCB on August 6, 2014 at 7:44 PM

Here’s the talking points regarding DOJ fighting Texas voter ID law…

Dated 2013

“Based on Texas’ own data, 600,000 to 800,000 registered voters don’t have the government-issued ID needed to cast a ballot, with Hispanics 46 to 120 percent more likely than whites to lack an ID…”

http://www.thenation.com/blog/176792/texas-voter-id-law-discriminates-against-women-students-and-minorities#

workingclass artist on August 6, 2014 at 7:54 PM

One potential obstacle to a pardon is the idea that an illegal’s ongoing presence in the U.S. is a continuing violation.

Crossing the border illegally isn’t a criminal offense, notes Gabe. It’s a civil offense.

You could add to that that granting a “pardon” to an illegal immigrant doesn’t change their predisposition to be deported by the next administration. Deportation isn’t a criminal sentence; a pardon just spares the illegal from jail time that’s never prescribed anyway.

Of course, we don’t live in age of law, but of raw partisan muscle. The legislature is Barack Obama and the sign-or-veto power of the executive is the whim of the courts.

HitNRun on August 6, 2014 at 7:54 PM

And what can be enacted by executive order, can be wiped away by executive order. I suspect THAT will be the legacy of the Obama administration.

flackcatcher on August 6, 2014 at 7:55 PM

I

n reality, the president does not possess this authority

In reality, the lack of authority has no relevance with regard to actions by this president.

Authority, schmathority.

If Obama wants to do it, he going to do it, and nobody is going to stop him.

And we dare not impeach him, because doing that and making Joe Biden president would make as much sense as trying to remove weeds from our lawn by use of a few dozen 20 megaton nuclear weapons.

s1im on August 6, 2014 at 7:55 PM

Resist We Much on August 6, 2014 at 7:32 PM

Did you see the article regarding the IRS quietly rolling back the regulations instituted to clean up the ITIN’s?

IF they’ve paid any tax on income in the last five years, even once, they can keep that card until 2016.

That would be a population of illegal aliens who we have on a list. Who’s identity we could sort of verify.

The case could be made that they’d paid taxes… and glossed over regarding how regularly. They could be sanitized to appear to be a sympathetic group, trying to operate within the law, except for being here illegally.

I’m thinking this would be the group to which they’ll try to extend that ‘EO amnesty’.

thatsafactjack on August 6, 2014 at 7:56 PM

The pardon also puts them in legal limbo.

They’re no longer here illegally but they’re still NOT citizens which means they don’t have access to social services. If anything they become a new class of citizen.

And then what happens in another 10 years when another million illegals have been let over the border? Do we pardon them? Does this group then just become Democrat voting block and whenever the dems want new voters they just open the borders and bless them when they have the presidency which will be approx 50% of the time?

Skywise on August 6, 2014 at 7:53 PM

Illegals have access to social services and there are plenty of states that legislate to protect them.

As to the creation of a cheap labor underclass…BINGO!

The Unions will love that.

workingclass artist on August 6, 2014 at 7:56 PM

This brings up a good point. So-called immigration reform is actually much worse than an amnesty/pardon in the strict sense which would merely forgive immigration transgressions and associated crimes. The illegal immigrant could then travel home and apply for a visa with a clean record assuming he/she wasn’t a criminal back home. They would wait their turn like everyone else. However, the Senate amnesty bill rewards criminal activity by granting them papers and a path to US citizenship.

Wigglesworth on August 6, 2014 at 7:59 PM

They’re no longer here illegally but they’re still NOT citizens which means they don’t have access to social services. If anything they become a new class of citizen.

Skywise on August 6, 2014 at 7:53 PM

I hate to break it to you — but illegal aliens already DO have access to social services …

ShainS on August 6, 2014 at 7:59 PM

thatsafactjack on August 6, 2014 at 7:56 PM

We positively have to abolish the IRS. Somehow… You look stunning in the afternoon light, BTW.

KCB on August 6, 2014 at 8:00 PM

The IRS action is another example of legislation by bureaucracy.

workingclass artist on August 6, 2014 at 8:02 PM

Well, he could, but they’d still be here illegally, wouldn’t they.

Another Drew on August 6, 2014 at 8:03 PM

KCB on August 6, 2014 at 8:00 PM

I agree about the IRS. There’s a general house cleaning, a clearance, that needs to be done in all of the federal agencies. Every company or corporation benefits from clearing away the old wood from time to time and cleaning up the accumulated dirt. These agencies are overstaffed and long overdue.

lol! There are some here today who wouldn’t agree with you on that last, Ken. But you’re the best, just the same. :)

thatsafactjack on August 6, 2014 at 8:05 PM

It would still be hideously unpopular.

He might as well pardon anyone ever remotely a part of his Administration.

formwiz on August 6, 2014 at 8:09 PM

Pardons do not bestow citizenship.

BobMbx on August 6, 2014 at 8:11 PM

You look stunning in the afternoon light, BTW.

KCB on August 6, 2014 at 8:00 PM

???

BobMbx on August 6, 2014 at 8:13 PM

Aliens who unlawfully enter the US may be handled in two ways. Criminally and administratively.

Aliens who enter the US unlawfully can be prosecuted criminally.

The alien may also be removed through administrative or removal (deportation) proceedings.

If an alien were convicted of the crime of Entering Without Inspection (EWI) or 8USC-1325 the alien could be imprisoned and or fined.

However, in order to remove the alien from the US you would seek to remove the alien administratively through Immigration Court via an Immigration Judge. INA 212(a)(6)(6) Illegal Entrants and Immigration Violators(A) ALIENS Present Without Admission or Parole In General an alien present in the United States without being admitted or paroled, or who arrives in the United States at any time or place other than as designated by the Attorney General, is inadmissible.

Buckshots on August 6, 2014 at 8:15 PM

Dated 2009

“Illegal immigrants are not “undocumented.” They have fraudulent documents such as counterfeit Social Security cards, forged drivers licenses, fake “green cards,” and phony birth certificates. Experts suggest that approximately 75 percent of working-age illegal aliens use fraudulent Social Security cards to obtain employment.

Most (98 percent) Social Security number (SSN) thieves use their own names with stolen numbers. The federal E-Verify program, now mandated in only 14 states, can detect this fraud. Universal, mandatory use of E-Verify would curb this and stop virtually 100 percent of child identity theft.

Illegal immigration and high levels of identity theft go hand-in-hand. States with the most illegal immigration also have high levels of job-related identity theft. In Arizona, 33 percent or all identity theft is job-related (as opposed to identity theft motivated simply by profit). In Texas it is 27 percent; in New Mexico, 23 percent; in Colorado, 22 percent; California, 20 percent; and in Nevada, 16 percent. Eight of the 10 states with the highest percentage of illegal aliens in their total population are among the top 10 states in identity theft (Arizona, California, Florida, Texas, Nevada, New York, Georgia, and Colorado).

Children are prime targets. In Arizona, it is estimated that over one million children are victims of identity theft. In Utah, 1,626 companies were found to be paying wages to the SSNs of children on public assistance under the age of 13. These individuals suffer very real and very serious consequences in their lives.

Illegal aliens commit felonies in order to get jobs. Illegal aliens who use fraudulent documents, perjure themselves on I-9 forms, and commit identity theft in order to get jobs are committing serious offenses and are not “law abiding.”

Illegally employed aliens send billions of dollars annually to their home countries, rather than spending it in the United States and helping stimulate the American economy. In October 2008 alone, $2.4 billion was transferred to Mexico.

Tolerance of corruption erodes the rule of law. Corruption is a serious problem in most illegal aliens’ home countries. Allowing it to flourish here paves the way for additional criminal activity and increased corruption throughout society.

Leaders support perpetrators and ignore victims. Political, civic, religious, business, education, and media leaders blame Americans for “forcing” illegal aliens to commit document fraud and identity theft. No similar concern is expressed for the American men, women, and children whose lives are destroyed in the process.

The Social Security Administration and Internal Revenue Service facilitate illegal immigrant-driven identity theft. Both turn a blind eye to massive SSN fraud and take no action to stop it. The Social Security Administration assigns SSNs to new-born infants that are being used illegally. The IRS demands that victims pay taxes on wages earned by illegal aliens using their stolen SSNs, while taking no action to stop the identity theft.

State and local governments need to adopt tougher laws to supplement federal efforts. The Bureau of Immigration and Customs Enforcement (ICE) is targeting large document fraud rings and the most egregious employers, but their resources are limited and stretched across multiple priorities. In 2007, identity theft cases represented only 7 percent of the total ICE case load.

Employers must do their part. They can ensure that they have a legal workforce by using a combination of the federal government’s E-Verify and Social Security Number Verification Service systems and by signing up for the federal government’s IMAGE program or privately conducted audits.

According to Richard Hamp of the Utah Attorney General’s Office, illegal aliens rarely steal Americans’ total identities (a victim’s full name, date of birth, and SSN) simply because doing so is more difficult and expensive. Instead, illegal aliens commit SSN-only identity theft by obtaining fraudulent Social Security cards in their own names, often with random numbers made up by dealers. However, since about half of all SSNs have been issued, there is a 50-50 chance that the SSN already belongs to another person. And even if the number hasn’t been issued, the Social Security Administration may later assign it to an infant, thereby giving a newborn an instant credit history, arrest record, and liability for back taxes.

In a 2002 report to Congress, the General Accounting Office stated: “INS has reported that large-scale counterfeiting has made fraudulent employment eligibility documents (e.g., Social Security cards) widely available.”6 The Social Security Administration assumes that roughly three-quarters of illegal aliens are paying payroll taxes through withholding, which generally requires an SSN.7

For example, an immigration raid at an Agriprocessors, Inc., meat processing plant in Pottsville, Iowa, last year found that 76 percent of the plant’s employees had bogus SSNs.8 And during an April 2008 raid at Pilgrim’s Pride meat packing plants, more than 280 employees at facilities in five states were arrested on suspicion of committing identity theft and other criminal violations in order to obtain jobs.9 According to press reports, ICE agents said their investigation of Pilgrim’s Pride started when the victims of identity theft came forward after having problems with taxes and credit reports.10

Illegal aliens’ fraudulent document use was further confirmed by Domingo Garcia, General Counsel for the League of United Latin American Citizens (LULAC), who, according to press reports, said that it was well known that around 80 percent of the workers at Pilgrim’s Pride had fake identification….”

More info at the link:
http://cis.org/IdentityTheft

workingclass artist on August 6, 2014 at 8:16 PM

A pardon would not work unless it is giving full immunity for future crimes. A pardon for past crimes would fail the second it is issued. They’d be committing the crime continually till they get the right to be here.

eski502 on August 6, 2014 at 8:18 PM

BobMbx on August 6, 2014 at 8:13 PM

I can see you’re puzzled.

I’m not a man. Ken and I are good friends and well acquainted. Does that help? lol!;)

thatsafactjack on August 6, 2014 at 8:18 PM

I’m not a man. Ken and I are good friends and well acquainted. Does that help? lol!;)

thatsafactjack on August 6, 2014 at 8:18 PM

Made me laugh too! Sorry Bob!

KCB on August 6, 2014 at 8:22 PM

Can he grant himself a pardon before leaving office?

ShainS on August 6, 2014 at 7:28 PM

After the last 5 years, if the Republicans take both the house and Senate and the WH in 2016, he had better pardon everyone in his administration because the public might be wanting someone and probably lots of someone’s held accountable. Don’t get me wrong I don’t think the Republicans will do it willingly, but there is a tremendous amount of anger out there right now.

whbates on August 6, 2014 at 8:29 PM

Obama could issue an order declaring his intent to pardon any nonviolent offender served with an order of deportation now or in the future.

Sorry but I have to say no, you cant pardon crimes that may or may not be committed in the future.

Johnnyreb on August 6, 2014 at 8:32 PM

You can’t pardon someone who continues to commit a crime.

Their presence here is a continuous crime for as long at they stay.

And why are we encouraging slavery of 3rd World Children by not going after the human traffickers bringing them here? Since when did we become an Empire thrusting our citizenship on those who cannot assent nor consent to it?

ajacksonian on August 6, 2014 at 8:35 PM

It’s all about extending power of the executive office now and for the very near future. By granting executive amnesty it sets a precedence.

Who will all those new citizens be voting for in the next 2-8 years when they turn 18? Of the blacks who vote in each election, how many vote Republican and how many vote defecrat?

If Obama can get away with this what’s to stop him from allowing all the poor kids in Africa, China, India and Russia to come on over as well? Just so long as they get here (and vote defecrat when they turn 18) he’ll grant them executive amnesty with the mighty pen he holds.

We are well on our way to having our own Hugo Chavez or Putin or Castro taking up residence in the White House.

Ruckus_Tom on August 6, 2014 at 8:35 PM

If it were legal to do it that way, The One would refuse, just as he refused to let Congress change O-care and then went ahead and did it himself in violation of the statute’s own provisions.

The entire point of his Presidency is his refusal to be bound by laws. He deliberately goes out of his way to break laws to prove that no law applies to him or can restrain him.

It amazes me that people haven’t figured this out by now.

He believes he is a God. Gods do not obey laws made by mere mortals.

Also, his hatred of, and contempt for, this nation and its people is so all-encompassing that if he actually acted in a way that respected its laws, in his mind he would be degrading himself.

And with an ego like his, that will never happen.

So don’t bother offering “legal alternatives” to this President. He simply is not interested.

clear ether

eon

eon on August 6, 2014 at 8:35 PM

prior deportees are criminal offense though so theres that.

dmacleo on August 6, 2014 at 8:36 PM

All these illegals will prop up the social security system at the expense of able american workers.

workingclass artist on August 6, 2014 at 8:39 PM

prior deportees are criminal offense though so theres that.

dmacleo on August 6, 2014 at 8:36 PM

so is using fake social security numbers and cards.

workingclass artist on August 6, 2014 at 8:40 PM

workingclass artist on August 6, 2014 at 8:40 PM

nah thats just a paperwork error or something /s
yeah thats something that really needs to be enforced.especially when vetting for potus….

dmacleo on August 6, 2014 at 8:41 PM

Keep in mind many aliens entered legally but remained here after their visas expired. They have not committed a crime but instead have committed an administrative violation and are subject to removal from the US.

For those who did enter unlawfully they may be eligible for a pardon for the crime of 8USC-1325 entering without inspection. However their presence in the US is an administrative in nature and not criminal.

So the question would be is an administrative violation considered an offense against the US thus making it applicable to a presidential pardon. Does the word offense refer to criminal offenses only? That would be my question.

Buckshots on August 6, 2014 at 8:44 PM

So he’s going to gin up the maximum resentment between citizens and illegals…?

d1carter on August 6, 2014 at 8:52 PM

What is all the uproar about the difference between pardons and amnesty? This is Buraq Hussein I, Pontifex Maximus, Subduer of the Rising Seas, Wielder of the Mighty Pen and Telephone. All he has to do is issue a Presidential Bull [the appropriateness of the title of the document is purely coincidental] with whatever decree he wants. Since the Constitution has had no bearing on our governance for the last 6 years, and the Institutional Republicans do not object to anything he does; the matter will be settled.

Subotai Bahadur on August 6, 2014 at 8:54 PM

I just heard on FoxNews that the first offense is administrative but the second offense is a felony…? Is that true?

d1carter on August 6, 2014 at 8:55 PM

He believes he is a God. Gods do not obey laws made by mere mortals.
eon on August 6, 2014 at 8:35 PM

It seems that Soros believes he was anointed by God. “I fancied myself as some kind of god …” he once wrote.

hmmm…

8 weight on August 6, 2014 at 9:00 PM

The whole point of this amnesty ballet is to pander to Latino voters and he’ll have succeeded at that no matter what happens in court.

Democrats already own the latino vote. They don’t need to pander. The whole point is millions of new democrat voters that will turn Texas blue and insure they never lose again.

The reason I believe this to be the case is simple. If the Democrats ever honored their repeated promises of blanket amnesty they’d lost that cudgel they use to get the Latino base to the polls, and they’d lose a weapon to vilify the GOP as ‘anti-child’, ‘anti-Latino’, ‘anti-working poor’, etc.

thatsafactjack

They didn’t lose that cudgel after a Republian president granted them amnesty.

DickBurns on August 6, 2014 at 9:04 PM

I just heard on FoxNews that the first offense is administrative but the second offense is a felony…? Is that true?

d1carter on August 6, 2014 at 8:55 PM

I thought the first offense was a misdemeanor and subsequent offenses were felonies provided the violator had a prior misdemeanor conviction. Not sure on that one.

Buckshots on August 6, 2014 at 9:04 PM

And why are we encouraging slavery of 3rd World Children by not going after the human traffickers bringing them here? Since when did we become an Empire thrusting our citizenship on those who cannot assent nor consent to it?

ajacksonian

You’ve fallen for the propaganda. Most of the children are accompanied by a parent or guardian, and most of the others were sent/summoned by a parent or guardian. The real victims of human smuggling are being carried over the border undetected.

DickBurns on August 6, 2014 at 9:09 PM

Obama could issue an order declaring his intent to pardon any nonviolent offender served with an order of deportation now or in the future.

So, in effect, King Barack would be issuing pardons AFTER his term of office expires.

I don’t think so.

GarandFan on August 6, 2014 at 9:48 PM

One potential obstacle to a pardon is the idea that an illegal’s ongoing presence in the U.S. is a continuing violation.

That’s the thing.

I think that’s less of a legal obstacle than a rhetorical one, though. Obama could issue an order declaring his intent to pardon any nonviolent offender served with an order of deportation now or in the future.

I’m ignorant of the applicable law, but this sounds very sketchy. Now Obama’s future intentions are somehow dispositive? I mean, isn’t this just another instance of Obama going around the law? Just because Obama agrees to become a part of an ongoing criminal act (staying illegally in the country), doesn’t make it legal.

LashRambo on August 6, 2014 at 10:09 PM

lmao at all the poor schmucks standing in line at embassies spending thousands of dollars trying to get in to this country. Suckers.

rickyricardo on August 7, 2014 at 12:20 AM

a POTUS can not pardon for and ongoing criminal activity.

if POTUS pardoned for crossing the border the illegal aliens would be illegal the second after a pardon.

2nd for a POTUS 2 pardon a criminal conviction must be entered, then pardoned by name. so POTUS would be very busy doing pardons after what say deportation hearings, or criminal convictions.

premise is utter non sense, stop giving progressive bad ideas…

mathewsjw on August 7, 2014 at 12:45 AM

Isn’t there a Federal Judge ANYWHERE that could just start issuing injunctions against everything Obama does, and let the chips fall where they may?

Harbingeing on August 7, 2014 at 2:04 AM

Obama has another “it’s not a tax” / “okay maybe it is a tax” problem.

He can’t pardon illegal immigrants because… they aren’t illegal immigrants… according to the administration. They’re unfortunately detoured refugees or persecuted infant drug dealers or something of the like. He can’t pardon them if they’ve committed no crime (in this country – apparently other countries is totally fine).

And, in truth, he can’t even order that they not be deported. If the Border Patrol and INS simply continued to do their job, there would be nothing the renegade President could do about it. They would be following the law of the land. In fact, I question whether or not he can permit them to commit what is, in effect, dereliction of duty. The law is the law. He might not want to follow it, but that doesn’t mean everyone else can’t.

Exit question: What if Obama issued an executive order prohibiting the apprehension or deportation of any illegal immigrant… and nobody listened?

IndieDogg on August 7, 2014 at 4:14 AM

He can pardon them for being in the country illegally, but that only covers actions up to the time of the pardon. Since they are still in the country illegally, they are breaking the law again.

And, no. This is not double-jeopardy. They were pardoned for the crime of being illegally in the country up to the time of their pardon. That is a separate crime than remaining in the country illegally. Just like if the President pardons you for breaking into your ex-husband’s house and burning his bed, if you break into his house again after the pardon and burn his bed one more time you have committed a fresh crime, and can be charged for that one, regardless of your pardon.

A pardon would serve one useful purpose (for the pardoned individual). It would allow someone who was in this country illegally and exited after being pardoned to apply for re-entry without the penalties of having entered this country illegally and remaining.

No Truce With Kings on August 7, 2014 at 8:19 AM

No Truce With Kings on August 7, 2014 at 8:19 AM

The rule of law is so pesky! You know, it really crimps Obama’s style. It’s just not right.

LashRambo on August 7, 2014 at 9:55 AM

Don’t you need an actual person and name to pardon someone? And isn’t it something that is done person by person?
If the answer to these questions is yes, how’s he going to actually do it?

nikophil on August 7, 2014 at 3:11 PM