Obama Can Grant Pardon But He Can't Grant Immigration Status: Will Congress Stand Up for Its Power?

Vanity ^ | 27 Aug 14 | Xzins

[RightOnTheBorder]

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.

[elhombrelibre]

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.

[MNDude]

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?

[chris37]

No, congress will not, and neither will citizens.

[Nifster]

simple answer is NO

[molson209]

Will the Pardon cover everyone in World ? lol

[Don Corleone]

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

[SoFloFreeper]

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.

[Vermont Lt]

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.

[Vermont Lt]

Pardon’s for future crimes are sketchy at best.

[arthurus]

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.

[Vermont Lt]

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?

[xzins]

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

[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.

[freekitty]

Congress better not grant status to these illegals.

[Vermont Lt]

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.

[TMA62]

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.

[xzins]

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.”

[DJ MacWoW]

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