GOP's Rand Paul Slams Donald Trump's Migrant Deportation Plan: 'Terrible Image'

https://www.newsweek.com/mass-deport...-trump-1989042

he is not wrong. Such optics can turn the tide in the Dem's favor.. It might be enough to flip the House during the mid-terms

So everyone agrees that criminal undocs gotta go

Homan agrees, Rand Paul agrees, basically everyone with brain agrees.

I also agree that all criminals should be deported. All murderers, rapists, etc., should be on the first busses and planes.

Just leave us hardworking people alone! I just want to contribute to the only home I have known without being grouped or sat next to someone who shot or decapitated someone to death.

lol you people realize magas and trump see us as criminals right?

The system

This is what happens when you have an out of control immigration system that punishes people who want to live here, play by the rules and earn their ticket. Is it too much to ask to let people who have lived here for decades, 20-30 in some cases, to earn their ticket? You end up with violent criminals like those tren de aragua venezuelan gangsters because there is no real "system."

You get people like the abuelitas, DACAs, and legitimate asylum seekers alongside hardened gangsters, veterans of the guerrilla wars, cartel members, mafiosos, and your average street trash. Its absolutely not a working system. They all want to focus on strict adherence to the law, but they themselves probably break at least 5 laws on a daily basis.

Wait 20+ years for your turn. They all love to talk about how they had a family member who waited 15, 18, 20 years for this and that. Its not a point of pride you know! Having to run through an awful system designed to waste your time is not something you should be proud of.

All systems should have a process where if you fall out of the happy path, you should have some means to recover state and return to the happy path.

I don't know what that system should look like.

I never understood why there was no option for dreamers to simply remove the 10yr ban and leave. Some of us have spent most of our lives here. We may want/need to visit once in the while. People die, get married, ect… Hack, they could have implemented a system where people that want to visit after self deporting put money into escrow while they are in the states. If they don’t leave on time give the money to “dog the bounty hunter” for finding and ejecting the “overstayer”. Make people wear an ankle bracelet while they are visiting the states. There is no common sense in the system.

Exactly, I feel that the 10 year ban should be forgiven for dreamers so they might adjust via other existing means. This felt like common sense. I wonder if that's something that could have been done via executive action but who knows.

It's a good question if you can.

The constitution says "The President [...] shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of impeachment.".

It merely states "offenses" not crimes or anything else, so it should apply to civil violations against the US. I know that it does apply to contempt of court which is a weird thing from the perspective of law when you consider that a judge can just fine you or toss you into a cell for mouthing off with no due process.

That being said, the only large pardons of inadmissibilities was when President Carter pardoned Vietnam War draft dodgers (and likely to lesser extend Biden's weed pardon). Since fleeing the country to avoid a draft will in fact make you inadmissible, though since draft dodging is also a crime, so that was more a side effect than the intent. Similar happens on smaller scales with individual pardons at both state and federal levels where a pardon can remove criminal-related inadmissibilities as the whole underlying crime causing said inadmissibility just goes poof.

This however brings us to a huge problem with the whole construction of unlawful presence, basically it is something that just gets applied automatically and technically it doesn't make you deportable from US and it definitely doesn't make you a criminal. Nobody gets deported or jailed for it either. You get deported for lack of status and unlawful presence is a side effect of lack of status.
There's also a similar problem with EWIs since even if entering illegally is technically a misdemeanor that can be pardoned, AOS requires you to have been "inspected and admitted or paroled" rather than something like "had not entered without inspection", so it still wouldn't let you AOS.

So all in all, the only way about it would be for a president to issue such a pardon and test it in courts, which causes a few other problems:
While I do believe that unlawful presence could be pardoned, I don't believe that the pardon could be applied to future periods of unlawful presence. So best it does is zero out the counter. Tomorrow it'd start ticking again. Now you've got 180 days to get out of the country, however there's no way you'd see any court rulings on the matter before the time is up, so by making use of it by leaving you are essentially taking a leap of faith.
Now, it'd help those who left and have a 10 year or lifetime ban or DACAers or TPS holders who had such a period of unlawful presence before getting DACA/TPS who want to do consular processing though it'd probably make more sense to see how the courts would rule first before jumping in head first.

Of course this is highly hypothetical since that'd require Biden to issue one like that on the way out.

This is exactly what I have been thinking for the last 2 weeks. In fact, the letter signed by about 100 pro-immigration groups last summer to Biden (see links below) was asking for PARDONS, but ultimately Biden offered his PIP plan which was turned down almost overnight.

Now, if he were to issue pardons instead, the courts would not even have standing to bring them up in court, the president has the ability to issue pardons to whomever tf he wants PERIOD.
Wouldn’t it be nice if for example he issues pardons to people who have an order of deportation, EWOI etc. but who are not criminals and have been here for a long time?
I think he might do something before he leaves, specially because his PIP plan got shut down, he has not appeal it in court obviously because the next guys will shut it down, the smartest thing would be to issue pardons, those are permanent and hard if not impossible to challenge them in court imo.



https://www.hrw.org/news/2021/06/02/...pardon-process