Posted on 11/16/2016 3:02:32 AM PST by BradtotheBone
Illegal immigrants are preparing to ask President Obama to pardon some 750,000 Dreamers, saying such a move is their last, best hope to stave off what they fear will be a wave of deportations once Donald Trump takes the Oval Office.
Community leaders have planned a rally in New York on Wednesday to make the request.
“Millions of law abiding undocumented immigrants are fearful of what will happen when the new Administration takes control in January,” the group of New York state lawmakers and immigration advocates said in a statement announcing the rally. “However, President Obama has the power of pardons that he can use to protect all DACA enrollees.”
As of September, more than 740,000 illegal immigrants had been approved for Mr. Obama’s Deferred Action for Childhood Arrivals program, a minor amnesty that grants young adult illegal immigrants a two-year stay of deportation and issues them work permits, entitling them to driver’s licenses and some taxpayer benefits.
Mr. Trump has signaled that he would cancel that order, leaving Dreamers out of status when their work permits expire. That puts Mr. Obama in a bind because he has expressed an interest in helping illegal immigrants but also has acknowledged limits on power.
Mr. Obama ducked a question this week about what steps he might take and instead urged Mr. Trump to “think long and hard” before canceling the DACA program.
(Excerpt) Read more at washingtontimes.com ...
Adios, y'all!
Not correct. Andrew Johnson and Jimmy Carter come to mind. The definition of Presidential amnesty is pardon applied to a group of people not individually named.
To me, our whole government is about protecting the rights of the individual. So enforcement of a law can only apply to an individual. e.g. when you round up a bunch of rioters, they are not “collectively” charged. Rather, each individual is separately charged with their own mug shot, fingerprints, etc.
If you can’t charge a group of un-named people, how can you pardon a group, without basically just invalidating the law they all broke, which would apply to all citizens. And a president does not have that authority.
Just asking. Your post confuses my understanding of how the law works.
Agree - that’s what I was saying initially. They would still have to leave before being caught, even if pardoned, to be clean.
There are court cases for specifics, but even a legal dictionary might help. Here’s one:
http://legal-dictionary.thefreedictionary.com/Presidential+pardon
...Throughout U.S. history the courts have interpreted this [Constitutional] clause to give the president virtually unlimited power to issue pardons to individuals or groups and to impose conditions on the forgiveness...
...A related power is the power to grant “amnesty,” which is also implicit in the pardon power. Amnesty is applied to whole classes or communities, instead of individuals. The power to issue an amnesty and the effect of an amnesty are the same as those for a pardon...
Millions of illegal aliens who claim to be law abiding, with the exception that they jumped the line and got in front of immigrants lawfully entering this country.
It would be nice if the rabble rousing community organizers would instead help to understand and characterize the issues and options.
I thought that Trump wants to do a couple of things first, like secure our borders to stop the flow of illegal aliens, and drug traffic, and deport convicted criminals, those with criminal histories, gang members, drug dealers, etc. to get them out of our jails and out of our country.
Then take a look at how best to deal with illegal aliens who otherwise are law abiding, tax paying visitors without work permits. The issue is that we do not have a country if we selectively enforce our laws. Right now we are shamefully ignoring our immigration laws, and figuratively spitting on those who lawfully entered our country. Is that fair?
If we had an honest and competent media, they would be helping instead of encouraging the law breakers to be coddled and catered to, and calling everyone who disagrees with them racists.
Illegal alien invaders have no “right” to “demand” anything. Send them home. They wave the Mexican flag and say Trump is not their president. Well, this is not their country.
Wonder what would happen if one of us went to a bank and "demanded" money. Or walked up to a woman in a bar and "demanded" sex. Or....
They re going back. The fruit of their criminal activity is coming home. Deport all illegals and build the wall.
illegal aliens who otherwise are law abiding, tax paying visitors without work permits.
_________________________________________
1. Illegal aliens are not law abiding...
2. They don’t pay taxes...
3. They never have work permits...
spitting on those who lawfully entered our country. Is that fair?
__________________________________
if you have to ask, you don’t understand the gravity of the situation for immigrants...
“Illegals demand..”
THEY always DEMAND! GET them OUT of here!
Oh sure. Obama wants to add THAT to his soon to be dismantled legacy.
What we will actually see is considerably different, and has its own order to things:
1) ICE and CBP will get heavy reinforcement and clear directives to stop the illegal flow across the border.
2) The wall will actually be built quickly, now that the POTUS actually wants to build it, instead of jerking everyone around and pretend to build it at a snail’s pace.
3) A directive will be issued to the FBI and US Marshals that felon deportees will be rounded up, along with foreign gang members (MS-13 and Mexican Mafia). Since Mexico probably cannot handle too many at once, either it lets us fly them to central and southern Mexico with a hundred jumbo jets, or we will kick them across the border, even if they are then rounded up by the cartels and given guns. Not our problem.
4) The biggest collection of deportees will be based on their receiving government largess, for an extended period.
That is, if an illegal family is on welfare of any variety, including medicaid care, it is not a problem. What *is* a problem if they have stayed on welfare for an extended time. This puts them at the head of list for wide scale deportation. Other factors are if any are employed, if they have paid taxes, if any are “frequent flyers” with the police, etc.
5) A number of things will mitigate deportation. If they have lived in the US for a long time (based on a sliding scale), if some are engaged in successful business, how many members of the family are legal vs. illegal, what level of education have they received, any military service, and importantly, *intent to integrate and take US citizenship*.
This last one is an oddity, because many Mexican citizens working in the US do not want to become Americans, just to work here and send money home to Mexico. At some point they want to return to Mexico, their homeland.
6) There must be serious reform to immigration. Not all countries should be allowed to immigrate to the US. The Visa system needs major reforms:
https://travel.state.gov/content/visas/en/general/all-visa-categories.html
And most of all, there needs to be a means for legal immigration from those nations we want immigrants from, that can be done both outside the US, as it is currently done, but also within the US.
On top of that, immigration quotas need to be brought back. Not all immigrants are equal, and many are undesirable. The Democrat idea of “everybody in the world should be treated equally”, is both stupid and destructive.
How can he pardon someone who has not yet been charged with the crime of illegal entry into the USA?
Oxymoron. Doing something illegally isn't exactly law-abiding...
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