The DACA Pardon Issue is Finally Laid to Rest

DREAM Act-FAIROnce the shock from Donald Trump’s surprise presidential victory wore off, open borders groups and illegal aliens began scrambling for ideas to keep DACA individuals in the country. The panic was unsurprising because President Obama unilaterally created DACA meaning his unconstitutional executive action had no basis in law and could be immediately nullified by a future president—a point Obama repeatedly acknowledged. What is surprising is the absurd “answer” these groups came up with: Obama should pardon the approximately 750,000 DACA recipients.

Any attorney worthy of the degree hanging on his/her office wall could immediately tell you this is not a viable option. First, the pardon power is limited to criminal offenses, not civil offenses which immigration violations are. FAIR’s Research Director Matt O’Brien pointed that out last week. More importantly, even if Obama could pardon DACA recipients it absolutely would not put them on a path to citizenship as amnesty advocates claimed. Indeed, all a presidential pardon would do is forgive an illegal alien’s unlawful presence. The individual would still have no legal status to remain in the country and would revert back to being an illegal alien if they failed to return home within the set grace period. In fact, the only benefit a hypothetically-pardoned DACA recipient could receive is the waiver of the 3/10 year bars which would not be triggered upon departure because the pardon removed the unlawful presence.

Much to the dismay of pro-amnesty Rep. Luis Gutierrez (D-Ill.) and illegal alien interest groups, the Obama administration has finally come out and said what was obvious to so many of us. In a podcast interview, White House Domestic Policy Director Cecilia Munoz said, “I know people are hoping that pardon authority is a way to protect people. It’s ultimately not, for a couple reasons. One is that pardon authority is generally designed for criminal violations, not civil. But also it doesn’t confer legal status. Only Congress can do that. So ultimately, it wouldn’t protect a single soul from deportation.”

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Content written by Federation for American Immigration Reform staff.


  1. avatar

    Ligaya Fabian of 1631 El Camino Real #8 Tustin Ca 92780 submitted fake documents and paid money to obtain a driver’s license but the dmv found out and revoked the license. She jumpshipped her flight from Germany to Canada at lax to get here. She now has a green card.

  2. avatar

    The Democratic party are like the little boy we used to call retarded in my opinion the Dems lost the election because of this issue,but corrupt shumer insist this is a winning issue and its not 8 days before the election he said if Hillary wins he will push the gang of 8 bill down congress throat I guess he thought anti immigrant voters weren’t listening and they came out in in bundles,I suggest the dems huddle up and try and compromise ask that illegals be reduced by 5 million and put a halt to legal for 5 years it will level off real good just wishing.

    • avatar

      Ha! They won the people S vite by far 2M+, N lost the electoral votes due to the unscrupulous district distribution when dream too close the reps win…. I would call that illegally sneaky N dishonest, N to the ones that do not stand fir the truth N our land retarded

    • avatar

      Ha! They won the people S vote by far 2M+, N lost the electoral votes due to the unscrupulous district distribution when results r too close the reps win…. I would call that illegally sneaky N dishonest, N to the ones that do not stand fir the truth N our land retarded .. r u?

      • avatar
        Peter's Neighbor on

        Peter, everyone in our neighborhood knows that you have been on unemployment for a year and that you spend all of your time trolling the internet. You have no business lecturing anyone about anything. Oh, by the way Peter, why don’t you use some of that benefit money to take a course in remedial English?

  3. avatar

    8 U.S.C. s. 1325 provides for six months imprisonment for the first illegal entry into this country and up to two years imprisonment for subsequent entries. That means illegal entry is a crime.

  4. avatar

    “Only Congress can do that”. We’ve heard that one before. Of course, maybe he decided that the Supreme Court had already ruled against him once so there wasn’t much sense in repeating the same mistake of trying to press
    “reform” by executive action.

    Irony is a concept that seems to completely escape Obama. He was talking about “fake news” sites in a just released interview with, of all outlets, Rolling Stone. I guess he didn’t read about the recent multi million dollar defamation judgement against them which involved their completely discredited, and withdrawn, claim of a rape at a university. A journalism review found that the magazine broke almost every journalism standard possible in the publication of the story, which was widely disseminated by the rest of the media without question.

    Both Obama and Hillary are still pushing the Michael Brown as victim theory in Ferguson Missouri even though a local grand jury and Obama’s own Justice Dept. not only cleared the cop but said the forensic evidence completely back his story that Brown attacked him. When it comes to “fake news” sites, maybe the advice to Obama and company should be the old saying “Physician health thyself”.