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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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To: RightOnTheBorder

YOU KNOW, there is ONE THING no one is mentioning, and I think This Idea, THE TIME has come. Americans LOVE the Lottery. Let all illegals come to the Courthouse and spin the Wheel of Fortune. Have Congress set up the odds, to send 70% of those who spin the wheel back to their countries, and the rest get the fast lane to citizenship. This used to be the way that men were drafted into the Army. They used to do this in Mexico, draw a black ball or a white ball blindfolded.


21 posted on 08/27/2014 9:06:01 AM PDT by rovenstinez
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To: xzins

Every Obama voter job is being replaced with a immigrant and they still love him now tell me something isn’t in the water they drink.


22 posted on 08/27/2014 9:07:53 AM PDT by Vaduz
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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.

Screw that. That's playing by Rogers Rules of Order. Name me ONE law Obama follows. These people are going for broke; we gotta do the same.

We have Congress change the statute, and then our Republican President can 'Executive Order' it to apply to everyone, all the way back to 1900.

23 posted on 08/27/2014 9:08:29 AM PDT by Lazamataz (First we beat the Soviet Union. Then we became them.)
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To: Vermont Lt

We still don’t have a secure border, so more field workers will just flood across the border.

Blanket asylum is a good ruse, but surely someone in Congress will ask: “asylum from what?”

I don’t see how any of this would be good for democrats heading into this election. Not with polls showing Americans overwhelmingly disapproving of the current immigration fiasco because it hurts American jobs.

One conclusion would have to be that Obama ‘wants’ to lose this election. I can’t imagine democrat candidates would sit still for that. I’ve heard of marching in lockstep, but that would take it to a ‘mind-controlled within the collectiv’e level. Are they really there?


24 posted on 08/27/2014 9:10:29 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: xzins

Congress, I believe, would not have the authority to say Asylum from What as it appears they have granted that authority to the Executive.

They could change the statute. But it would not affect those granted the status prior to the change in statute. So, it would be the same affect as granting permanent residency.


25 posted on 08/27/2014 9:19:39 AM PDT by Vermont Lt (Ebola: Death is a lagging indicator.)
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To: Lazamataz

Laz...I know it seems like picking nits.

Funny...I went to a military college and dealt with a very, very strict honor code. We all became experts at looking at regulations and trying to find a way around them, under them, and over them. While we were rarely successful it taught us how to think. (And I am talking more about skirting regulations of shaving and rolling up your sleeves on the Winter B uniform...not cheating on tests.)

I tell you that because that is the way these people think. You do not have to use Congress, because the Congress has turned over regulatory issues to the Executive. This has gone on forever.

If the EPA wants to do something, they do not go to Congress—they simply change the procedures and regulations. Congress granted them that authority.

So, Obama looks at what regulations he can change, he looks at what is possible to direct, and who can do it. And once done, the bell cannot be unrung.

The key is to determine who is in the country when he does it. Because you know there will be an injunction to it the next day. Does the DHS and AG say, show me a 7/11 receipt that indicates you were in-country on the day before the ruling?

It is going to be a practical and judicial mess.


26 posted on 08/27/2014 9:26:00 AM PDT by Vermont Lt (Ebola: Death is a lagging indicator.)
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To: Vermont Lt

What I’m saying is that the opening paragraphs of the law will define to whom it applies. When all is said and done those words have not changed and a follow-on president could reverse direction and actually enforce the law as intended.


27 posted on 08/27/2014 10:22:21 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: xzins

Only if a Republican or Conservative is ever elected President again.


28 posted on 08/27/2014 10:25:05 AM PDT by sport
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To: xzins
"Obama Can Grant Pardon But He Can't Grant Immigration Status: Will Congress Stand Up for Its Power?"

Now that was funny, thanks for the laugh of the day, "Congress Stand Up for Its Power", great comic line, you should send it to SNL.

29 posted on 08/27/2014 10:28:30 AM PDT by The_Republic_Of_Maine (Be kept informed on Maine's secession, sign up at freemaine@hushmail.com)
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To: Vaduz

The Obama voters have low IQs. They’re stupid.

The blacks are being replaced by the Mexicans and Central Americans, and they, the blacks, are too dumb to see this or they don’t care. Same goes for the clueless white liberals.


30 posted on 08/27/2014 10:30:11 AM PDT by july4thfreedomfoundation (Politicians and diapers must be changed often for the same reason)
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To: july4thfreedomfoundation

“The Obama voters have low IQs. They’re stupid.”


Not so-—I’m surrounded by them.

.


31 posted on 08/27/2014 10:31:52 AM PDT by Mears
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To: xzins

Bttt


32 posted on 08/27/2014 10:59:43 AM PDT by CPT Clay (Follow me on Twitter @Clay N TX)
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To: xzins
These former illegals would have the status of 'pardoned for illegal entry.'

But the continuing status of being in this country illegally.

33 posted on 08/27/2014 11:04:59 AM PDT by Mike Darancette (Do The Math)
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To: Mike Darancette

They would have been pardoned, so they wouldn’t be ‘illegal’. They simply wouldn’t be US citizens, and they’d still be citizens of their own country.


34 posted on 08/27/2014 11:38:48 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: july4thfreedomfoundation

Indeed stupidity is a very dangerous thing and it’s growing thanks to the news media.


35 posted on 08/28/2014 9:36:10 AM PDT by Vaduz
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