The Washington Times Daily - - POLITICS -

“Pres­i­dent-elect Don­ald Trump re­peat­edly said he would end Pres­i­dent Obama’s De­ferred Ac­tion for Child­hood Ar­rivals (DACA) pro­gram. Be­cause of the likely ter­mi­na­tion of DACA un­der the Trump ad­min­is­tra­tion, ad­vo­cacy groups have been ask­ing for Pres­i­dent Obama to par­don the 750,000 DACA ap­pli­cants in hopes of cre­at­ing for them a ‘path­way to ci­ti­zen­ship.’ What these ad­vo­cates don’t re­al­ize is that the pres­i­den­tial par­don can only be used for crim­i­nal acts, not civil of­fenses, like il­le­gal en­try into the U.S.,” notes the Fed­er­a­tion for Amer­i­can Im­mi­gra­tion Re­form in a new pol­icy update.

“Ar­ti­cle II, Sec­tion 2, Clause 1 of the Con­sti­tu­tion clearly states that the Pres­i­dent shall ‘have the Power to grant Re­prieves and Par­dons for Of­fences against the United States.’ This means Pres­i­dent Obama could only par­don fed­eral crim­i­nal of­fenses, but not civil vi­o­la­tions. Cross­ing the border il­le­gally is a mis­de­meanor crime and un­law­ful pres­ence in the United States is a civil vi­o­la­tion, mean­ing a pres­i­den­tial par­don would erase the crime of cross­ing the border il­le­gally, but would have no im­pact on the civil of­fense of un­law­fully re­sid­ing in the U.S.,” the non­profit group con­tin­ues.

“Even if he could par­don the il­le­gal act of en­ter­ing the coun­try with­out in­spec­tion, the DACA re­cip­i­ents would still lack le­gal sta­tus to re­main in the U.S. This fact was re­cently ac­knowl­edged by an ad­min­is­tra­tion spokesper­son, ac­knowl­edg­ing the par­don authority ‘doesn’t con­fer le­gal sta­tus’ to its re­cip­i­ents. Only Congress can do that.”

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