Petition to have Obama pardon people residing here in violation of immigration law

[femmedem]

Here is a link to an new petition asking Obama to pardon people here in violation of immigration law.

"Congress has failed under two successive Presidents to enact comprehensive immigration reform. Cities and States are now poised to be in conflict with a new incoming federal administration that is vowing to deport millions, break up families, deny funding to at risk cities, and set up the most significant federal/local government conflict in recent memory. Fear has gripped large segments of the population. For the good of the nation, use your unilateral power to pardon to ease this fear, solve the immediate problem, and move our country forward."

It is something Obama could do which Trump could not undo.

Edited to add: if you sign, your signature must be verified via an emailed link before it will be counted.

[Me.]

1. Would It Be Legal?

Meaning...withstand a challenge?

[femmedem]

3. Here is what the attorney who wrote it (a friend of mine) says:

"This letter, and this petition, urge the President to use his power under Article II, Section 2 of the Constitution to issue a full pardon to all persons living in the United States whose only legal infractions are the violation of federal immigration laws.

President Andrew Johnson pardoned all veterans of the confederacy. President Carter pardoned all Vietnam draft evaders.
Such pardons are fully legal and are not subject to review or repeal by any court, by any congress, or by any succeeding administration. It is an absolute, unilateral power that the President alone controls.

There is ample precedent for this action, and on the issue of Amnesty for immigrants even President Ronald Reagan approved such an amnesty in 1986 stating: ""I believe in the idea of amnesty for those who have put down roots and lived here, even though sometime back they may have entered illegally".

[Jersey Devil]

2. He can pardon for crimes but not for civil violations like immigration laws and rules

Coming to the US can be, in some instances, a crime, but most are deported simply for not following immigration rules that are not crimes. A pardon would be useless.

Some may assume that all immigrants who are in the United States without legal status must have committed improper entry. This simply isn't the case. Many foreign nationals legally enter the country on a valid work or travel visa, but fail to exit before their visa expires for a variety of reasons.

But mere unlawful presence in the country is not a crime. It is a violation of federal immigration law to remain in the country without legal authorization, but this violation is punishable by civil penalties, not criminal. Chief among these civil penalties is deportation or removal, where an unlawful resident may be detained and removed from the country. Unlawful presence can also have negative consequences for a resident who may seek to gain re-entry into the United States, or permanent residency.

- See more at: http://blogs.findlaw.com/blotter/2014/07/is-illegal-immigration-a-crime-improper-entry-v-unlawful-presence.html#sthash.r9inus3y.dpuf

[femmedem]

4. Interesting reading. Thanks.

It looks to me--a nonlawyer--as if he can pardon someone who entered illegally, and that such a pardon would also apply to the later condition of being in the country unlawfully. But according to this argument, you are also correct that a person who initially entered legally would not be pardonable. http://www.huffingtonpost.com/terry-connelly/can-obama-pardon-undocume_b_5564282.html

My friend who wrote the petition says it is an untested move.

Edited to add: My friend continues, in a quick message: "But. Pardons are not reviewable. If he did it, it makes it very hard to go after someone unless they are picked up in a separate crime."

He says he thinks Trump might accept it, because his supporters could blame Obama, and he wouldn't have to go through the work and expense of deporting millions of people.

[femmedem]

5. And the author of that huffpo piece tweeted a few days ago that Obama should #PardonTheKids n/t

[lunamagica]

6. Done!

[femmedem]

7. Thank you! n/t

[BainsBane]

8. It wouldn't grant citizenship

So it could not keep them from being deported.