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Susan Linehan's avatar

That is problematic because SOME have actually committed crimes in the US--those already in jail that Border Czar wants to move from prison to prison camps. True, they are way fewer proportionately than crimes committed by citizens. But still, I'd like to know what they did to get in jail before saying "cool."

Another problem is that overstaying LEGAL entry isn't a crime, but a civil offense. A whole LOT of those in the undocumented population come under that heading. And I don't think even a president can pardon a civil offense, though the Constitution doesn't say "crimes" but "offenses against the United States." Biden COULD try to use that wording to pardon those folks FOR the "offense" of being in the US without papers, but that probably wouldn't stop them from being dragged into immigration court or give them things like work permits. I'd rather trump just round up the currently incarcerated or indicted, send them to the private prisons/camps, deport them (it still needs an immigration court order, which could take years) and then cry "mission accomplished" and leave those who are already living a productive life in their communities, even though without papers, alone.

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thomas sears's avatar

Pardon could be granted to those whose only crime is extra-legal immigration, barring those with aggravating circumstance - like violence or thievery or some other crime

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Susan Linehan's avatar

The problem is that you can't "pardon" a civil action and vast numbers of the undocumented are overstays. ICE can apprehend these folks but there are no criminal charges involved: the cases have to be heard by the immigration courts. Those courts are already 4 years behind.

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