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Obama Can Grant Pardon But He Can't Grant Immigration Status: Will Congress Stand Up for Its Power?
Vanity ^ | 27 Aug 14 | Xzins

Posted on 08/27/2014 8:30:02 AM PDT by xzins

The president has the power to grant pardons and reprieves according to the US Constitution. The word 'amnesty' isn't used. Nor is there any place in the entire US Constitution where the word 'amnesty' is used. One certainly has to wonder what these voices using the expression 'executive amnesty' mean by it. Odd are they are referring to the president's power to pardon. Perhaps 'amnesty' in their minds means some kind of blanket 'pardon'.

Assuming that is what is meant, then a president certainly could issue some kind of pardon from prosecution for specific illegal acts such as illegal entry into the United States. There would be a host of issues regarding how this would apply unless those illegals in the class pardoned were to come forward to be identified.

But, then what? They cannot be charged for their crime of entering the US illegally, but then what?

Only Congress has the authority to determine the rules for citizenship and status. These former illegals would have the status of 'pardoned for illegal entry.' That and a dollar will get you a cup of coffee at MacDonalds.

It is not a work permit. It is not a student visa. It is not a legal resident status. It is not authorized immigrant. It is not a track to citizenship.

In fact, it has NOT changed their status as citizens of their country of origin.

And since there is a nation of record in which they are citizens, and since they have no Congressionally approved status in this country, it is perfectly reasonable to return them to their own country.

So, the real issue with Obama's 'executive amnesty' is what Congress permits. Will they permit Obama to take away their constitutional authority to determine naturalization law?

I would hope that a supposedly Republican House would have better sense than that. If they immediately object, stand firm, outline how this is an attack on American workers, and state their intention to prevent any of this class of 'pardoned' ever to be on a track toward citizenship (or even worker visa), then they will win by a landslide with a public that overwhelmingly believes it is being hurt by unchecked immigration.


TOPICS: Chit/Chat; Government; Miscellaneous; Politics
KEYWORDS: aliens; amnesty; lawless; obama
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1 posted on 08/27/2014 8:30:02 AM PDT by xzins
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To: xzins

How can you pardon a non-specified person for an ongoing crime? The rule of law in this country is dead, and has been for quite some time. The abuse is just becoming more blatant now.


2 posted on 08/27/2014 8:32:12 AM PDT by RightOnTheBorder
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To: xzins

It’s a very good question, and I’m pleased to see many papers cautioning him from any illegal acts. Time will tell if Obama is so foolish, I wouldn’t bet that he isn’t.


3 posted on 08/27/2014 8:32:28 AM PDT by elhombrelibre (Against Obama. Against Putin. Pro-freedom. Pro-US Constitution.)
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To: xzins

That’s what I was wondering. How would these pardoned undocumented individuals get permission to work? If so, what social security number would be used for their taxes?

How would they apply for a passport to another country?


4 posted on 08/27/2014 8:33:23 AM PDT by MNDude
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To: xzins

No, congress will not, and neither will citizens.


5 posted on 08/27/2014 8:34:06 AM PDT by chris37 (heartless)
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To: xzins

simple answer is NO


6 posted on 08/27/2014 8:34:16 AM PDT by Nifster
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To: xzins

Will the Pardon cover everyone in World ? lol


7 posted on 08/27/2014 8:38:43 AM PDT by molson209 (Blank)
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To: xzins

La Raza sent a lot of Pesos to Obama and now they want delivery.


8 posted on 08/27/2014 8:39:12 AM PDT by Don Corleone ("Oil the gun..eat the cannoli. Take it to the Mattress.")
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To: xzins

But the pardon only lasts, if I am right, for the one crime. Continued illegal status is not pardoned...unless he says “I pardon you for all illegal status until you’re legal.”

That’d be a disgusting move, one that ought to engender congressional punishment. From both parties.

LOL.


9 posted on 08/27/2014 8:43:50 AM PDT by SoFloFreeper
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To: xzins

Who does have the authority to issue a work permit? I would be that Congress has given that authority to the Executive—never thinking blanket permits would be issued.

And non-specific groups of people have been pardoned—the draft dodgers back in ‘77 by Carter.


10 posted on 08/27/2014 8:45:06 AM PDT by Vermont Lt (Ebola: Death is a lagging indicator.)
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To: SoFloFreeper

Pardon’s for future crimes are sketchy at best.


11 posted on 08/27/2014 8:46:07 AM PDT by Vermont Lt (Ebola: Death is a lagging indicator.)
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To: xzins
I don't think any of that is relevant to what the Sultan might do and what he can get away with. Congress will not oppose him substantially. The courts take so long that an adverse decision will have no effect on reality on the ground. Congress will feel compelled to regularize by passing a law that grants legally what the Sultan has already granted and many elections will have already been decided by all the new voters. I expect that there is a good chance that the Sultan will go for the whole cheese and decree citizenship to be immediately followed by flooding the country with agents to insure that they all get registered and vote while the government leans heavily on the states that balk. What the Constitution says and what the Courts or Congress might say, if he goes all the way, will be irrelevant. The accession to a throne will be complete. I hope that the man'ṣ(sic) reported cowardice will keep him from doing that.
12 posted on 08/27/2014 8:55:25 AM PDT by arthurus (Read Hazlitt's Economics In One Lesson ONLINE http://steshaw.org/economics-in-one-lesson/)
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To: xzins
INA Asylum, Section 208

(b) Conditions for Granting Asylum. - (1) In general.

- 4/ (A) ELIGIBILITY- The Secretary of Homeland Security or the Attorney General may grant asylum to an alien who has applied for asylum in accordance with the requirements and procedures established by 4/ the Secretary of Homeland Security or the Attorney General under this section if 4/ the Secretary of Homeland Security or the Attorney General determines that such alien is a refugee within the meaning of section 101(a)(42)(A) .

So, according to the Law the Atty General or Sec HS can determine the procedures and requirements for establishing asylum for aliens.

Do you think Obama might be able to convince either of those guys to make some changes to the procedures and requirements?

13 posted on 08/27/2014 8:55:59 AM PDT by Vermont Lt (Ebola: Death is a lagging indicator.)
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To: Vermont Lt

Being issued a work permit requires a status, doesn’t it? What status is that: ‘temporary worker’?


14 posted on 08/27/2014 8:57:23 AM PDT by xzins ( Retired Army Chaplain and Proud of It! Those who truly support our troops pray for victory!)
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To: Vermont Lt

And...while Congress may change the statute, they are not allowed to make “ex post facto” laws. So, whomever is here when the King makes his decree, and the Sheriff of Notingham changes his procedures...they fall under the current rules.


15 posted on 08/27/2014 8:57:40 AM PDT by Vermont Lt (Ebola: Death is a lagging indicator.)
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To: xzins

Congress better not grant status to these illegals.


16 posted on 08/27/2014 8:58:15 AM PDT by freekitty (Give me back my conservative vote; then find me a real conservative to vote for)
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To: xzins

They will grant them Asylum. Then they are permanent aliens. Then they are eligible for work.

My question has always been—the second that these aliens are permanent and can get “real jobs” they will leave the fields in droves. Then who is going to pick the crops? The farmers will need to increase their wages and then we have the cycle of upward inflation.

This, in a practical and pragmatic sense, is not going to end well. All politics aside, the economics of this is going to be nasty.


17 posted on 08/27/2014 9:00:28 AM PDT by Vermont Lt (Ebola: Death is a lagging indicator.)
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To: xzins

It is time for states to simply tell O to shove it and that they will not even recognize any executive action relating to this.


18 posted on 08/27/2014 9:00:50 AM PDT by TMA62 (Al Sharpton - The North Korea of race relations)
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To: Vermont Lt

Granting pardon doesn’t seem to me to be an argument for asylum. If asylum is legal, then where would be the need for a pardon?

You make a good point. What if instead of pardon, Obama directed them to grant ‘blanket asylum’?

One thing Congress should think of for the future, if we ever have another lawless president, is to write into every law a line like: “any action not in keeping with the entirety of this law is a void, illegal, and enenforceable action.”


19 posted on 08/27/2014 9:03:11 AM PDT by xzins ( Retired Army Chaplain and Proud of It! Those who truly support our troops pray for victory!)
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Did You Know?

The Current FReepathon Pays For The Current Quarter's Expenses?

Now That You Do, Donate And Keep FR Running


20 posted on 08/27/2014 9:03:22 AM PDT by DJ MacWoW (The Fed Gov is not one ring to rule them all)
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