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.
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.
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.
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?
No, congress will not, and neither will citizens.
simple answer is NO
Will the Pardon cover everyone in World ? lol
La Raza sent a lot of Pesos to Obama and now they want delivery.
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.
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.
Pardon’s for future crimes are sketchy at best.
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?
Being issued a work permit requires a status, doesn’t it? What status is that: ‘temporary worker’?
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.
Congress better not grant status to these illegals.
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.
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.
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.”
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