# Biden should pardon all 12 million undocumented immigrants in the United States

**URL:** <https://boards.straightdope.com/t/biden-should-pardon-all-12-million-undocumented-immigrants-in-the-united-states/1010569>\
**Category:** Politics & Elections\
**Tags:** trump\
**Created:** [November 21, 2024, 7:02pm UTC](https://boards.straightdope.com/t/biden-should-pardon-all-12-million-undocumented-immigrants-in-the-united-states/1010569 "2024-11-21T19:02:51Z")\
**Posts on this page:** 18\
**Page:** 1

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**Author:** ![Blalron](https://avatars.discourse-cdn.com/v4/letter/b/35a633/32.png) [@Blalron](https://boards.straightdope.com/u/Blalron)\
**Post date:** [November 21, 2024, 7:02pm UTC](https://boards.straightdope.com/t/biden-should-pardon-all-12-million-undocumented-immigrants-in-the-united-states/1010569/1 "2024-11-21T19:02:51Z")

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If Trump really follows through on his promise of deporting as many undocumented immigrants as he possibly can, rounding millions of them into camps, it would be a humanitarian catastrophe and cause massive amounts of unnecessary suffering. It would have a negative effect on our economy. Immigrants do a lot of jobs that citizens don’t want to do. It would create a labor shortage that would make inflation even worse.

I think Biden should use his remaining time as a lame duck to try to minimize the harm an incoming Trump admin will do. The Presidential pardon power is extremely broad, and cannot be reversed by any other branch of government, including any future Presidents. Amnesty should be granted to all non-violent undocumented immigrants for the offense of being in the country illegally.

Even if the Supreme Court allows Trump to do the mass deportations anyway, this would still buy up precious time being litigated in court, precious time that slows down the deportations.

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**Author:** ![running\_coach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/running_coach/32/15836_2.png) [@running\_coach](https://boards.straightdope.com/u/running_coach)\
**Post date:** [November 21, 2024, 7:11pm UTC](https://boards.straightdope.com/t/biden-should-pardon-all-12-million-undocumented-immigrants-in-the-united-states/1010569/2 "2024-11-21T19:11:46Z")

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Wouldn’t their continued presence in the US be a new offense?

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**Author:** ![Saint\_Cad](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/saint_cad/32/18907_2.png) [@Saint\_Cad](https://boards.straightdope.com/u/Saint_Cad)\
**Post date:** [November 21, 2024, 7:22pm UTC](https://boards.straightdope.com/t/biden-should-pardon-all-12-million-undocumented-immigrants-in-the-united-states/1010569/3 "2024-11-21T19:22:21Z")

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That may mean they can’t be charged but I’m sure they can still be deported because of the lack of lawful presence.

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**Author:** ![Blalron](https://avatars.discourse-cdn.com/v4/letter/b/35a633/32.png) [@Blalron](https://boards.straightdope.com/u/Blalron)\
**Post date:** [November 21, 2024, 7:41pm UTC](https://boards.straightdope.com/t/biden-should-pardon-all-12-million-undocumented-immigrants-in-the-united-states/1010569/4 "2024-11-21T19:41:01Z")

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I really don’t know. But like I said, it might create an issue that needs to be litigated and will slow the deportation process down, even if the Supreme Court ultimately rules in favor of deportations.

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**Author:** ![Broomstick](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/broomstick/32/246_2.png) [@Broomstick](https://boards.straightdope.com/u/Broomstick)\
**Post date:** [November 21, 2024, 7:41pm UTC](https://boards.straightdope.com/t/biden-should-pardon-all-12-million-undocumented-immigrants-in-the-united-states/1010569/5 "2024-11-21T19:41:45Z")

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The PotUS can pardon legal offenses, but I don’t think it’s in his power to grant amnesty to every illegal alien in the nation.

Back when [Reagan did it, in 1986,](https://en.wikipedia.org/wiki/Immigration_Reform_and_Control_Act_of_1986) it was first passed by Congress then signed into law, he didn’t do it with the pardon powers.

Being in the US without permission is actually a _misdemeanor_. The problem is that continuing to stay after a pardon, even a Presidential one, would be another offense.

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**Author:** ![That\_Don\_Guy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/that_don_guy/32/538_2.png) [@That\_Don\_Guy](https://boards.straightdope.com/u/That_Don_Guy)\
**Post date:** [November 21, 2024, 9:26pm UTC](https://boards.straightdope.com/t/biden-should-pardon-all-12-million-undocumented-immigrants-in-the-united-states/1010569/6 "2024-11-21T21:26:33Z")

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Even if he did pardon them, they still wouldn’t have any citizenship status. I think the only thing that pardoning them would do is to prevent them from being convicted of whatever crime they committed. I don’t think it would prevent President Trump from having them deported.

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**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\
**Post date:** [November 21, 2024, 9:29pm UTC](https://boards.straightdope.com/t/biden-should-pardon-all-12-million-undocumented-immigrants-in-the-united-states/1010569/7 "2024-11-21T21:29:05Z")

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It would give Republicans enough fuel to stoke the anti-Democrat fires for many years to come.

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**Author:** ![Odesio](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/odesio/32/20003_2.png) [@Odesio](https://boards.straightdope.com/u/Odesio)\
**Post date:** [November 21, 2024, 9:40pm UTC](https://boards.straightdope.com/t/biden-should-pardon-all-12-million-undocumented-immigrants-in-the-united-states/1010569/8 "2024-11-21T21:40:58Z")

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While I’m not a fan of demonizing these folks, we have a right to control our borders and decide who gets to stay. I’m not too keen on issuing a blanket amnesty to twelve million people.

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**Author:** ![wolfpup](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/wolfpup/32/10618_2.png) [@wolfpup](https://boards.straightdope.com/u/wolfpup)\
**Post date:** [November 21, 2024, 9:50pm UTC](https://boards.straightdope.com/t/biden-should-pardon-all-12-million-undocumented-immigrants-in-the-united-states/1010569/9 "2024-11-21T21:50:43Z")

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It doesn’t seem like there’s much that Biden could do. The more realistic approach might be to grant certain categories of undocumented immigrants – perhaps those most at risk if deported to their home countries – Temporary Protected Status. Thing is, Trump’s goons have already said they don’t care about legalities like that. Most of the Haitians in Springfield, Ohio are there under TPS on humanitarian grounds, and Trump is planning to deport them all anyway. This would be against the law, but given the Supreme Court ruling on immunity, that won’t matter, either.

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**Author:** ![Blalron](https://avatars.discourse-cdn.com/v4/letter/b/35a633/32.png) [@Blalron](https://boards.straightdope.com/u/Blalron)\
**Post date:** [November 21, 2024, 9:56pm UTC](https://boards.straightdope.com/t/biden-should-pardon-all-12-million-undocumented-immigrants-in-the-united-states/1010569/10 "2024-11-21T21:56:39Z")

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I wonder if there’s any way that Biden could fast track as many citizenship applications as he can. Unlike Temporary Protected Status, citizenship is permanent and can’t be revoked.

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**Author:** ![Broomstick](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/broomstick/32/246_2.png) [@Broomstick](https://boards.straightdope.com/u/Broomstick)\
**Post date:** [November 21, 2024, 10:07pm UTC](https://boards.straightdope.com/t/biden-should-pardon-all-12-million-undocumented-immigrants-in-the-united-states/1010569/11 "2024-11-21T22:07:50Z")

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Yes, it can. Citizenship can’t be revoked for a citizen by birth, but it very much can be stripped from a naturalized citizen. Normally there are a lot of hoops to jump through but I expect the Trumplikins to torch those niceties.

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**Author:** ![Mangetout](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mangetout/32/19_2.png) [@Mangetout](https://boards.straightdope.com/u/Mangetout)\
**Post date:** [November 21, 2024, 10:28pm UTC](https://boards.straightdope.com/t/biden-should-pardon-all-12-million-undocumented-immigrants-in-the-united-states/1010569/12 "2024-11-21T22:28:03Z")

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I’m assuming it isn’t possible to just pardon people using a wildcard - you have to pardon named individuals, right? That would mean the individuals would have to come forward to be processed and pardoned. I think I would be quite wary of doing that, knowing that there are potentially 12 million people in the pool - what if my paperwork doesn’t get completed before the change of administration?

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**Author:** ![Der\_Trihs](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/der_trihs/32/233_2.png) [@Der\_Trihs](https://boards.straightdope.com/u/Der_Trihs)\
**Post date:** [November 21, 2024, 10:30pm UTC](https://boards.straightdope.com/t/biden-should-pardon-all-12-million-undocumented-immigrants-in-the-united-states/1010569/13 "2024-11-21T22:30:35Z")

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> [@Broomstick](#):
>
> Yes, it can. Citizenship can’t be revoked for a citizen by birth, but it very much can be stripped from a naturalized citizen. Normally there are a lot of hoops to jump through but I expect the Trumplikins to torch those niceties.

And they are already talking about doing so on a mass scale.

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**Author:** ![Chronos](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/chronos/32/134_2.png) [@Chronos](https://boards.straightdope.com/u/Chronos)\
**Post date:** [November 21, 2024, 10:31pm UTC](https://boards.straightdope.com/t/biden-should-pardon-all-12-million-undocumented-immigrants-in-the-united-states/1010569/14 "2024-11-21T22:31:53Z")

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> [@Mangetout](#):
>
> I’m assuming it isn’t possible to just pardon people using a wildcard - you have to pardon named individuals, right?

Carter pardoned a broad category of draft dodgers, without having to name individuals.

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**Author:** ![Mangetout](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mangetout/32/19_2.png) [@Mangetout](https://boards.straightdope.com/u/Mangetout)\
**Post date:** [November 21, 2024, 10:32pm UTC](https://boards.straightdope.com/t/biden-should-pardon-all-12-million-undocumented-immigrants-in-the-united-states/1010569/15 "2024-11-21T22:32:54Z")

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Interesting. I wouldn’t have thought that possible.

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**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\
**Post date:** [November 22, 2024, 3:02pm UTC](https://boards.straightdope.com/t/biden-should-pardon-all-12-million-undocumented-immigrants-in-the-united-states/1010569/16 "2024-11-22T15:02:34Z")

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I expect to see that kind of pardon for the J6 offenders.

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**Author:** ![zimaane](https://avatars.discourse-cdn.com/v4/letter/z/a3d4f5/32.png) [@zimaane](https://boards.straightdope.com/u/zimaane)\
**Post date:** [November 22, 2024, 3:27pm UTC](https://boards.straightdope.com/t/biden-should-pardon-all-12-million-undocumented-immigrants-in-the-united-states/1010569/17 "2024-11-22T15:27:45Z")

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Most undocumented immigrants aren’t eligible to citizenship. If they were they would have already applied. Biden can’t change the laws set by Congress about who is eligible for naturalization.

The most we could do is request that USCIS act as quickly as possible in the next few months on legitimate applications.

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**Author:** ![Elendil\_s\_Heir](https://avatars.discourse-cdn.com/v4/letter/e/7cd45c/32.png) [@Elendil\_s\_Heir](https://boards.straightdope.com/u/Elendil_s_Heir)\
**Post date:** [December 12, 2024, 8:47pm UTC](https://boards.straightdope.com/t/biden-should-pardon-all-12-million-undocumented-immigrants-in-the-united-states/1010569/18 "2024-12-12T20:47:10Z")

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In the meantime:

> **[Biden grants clemency for nearly 1,500 people, the biggest single-day act of...](https://www.cnn.com/2024/12/12/politics/biden-clemency-pardons-non-violent-crimes/index.html)**
>
> President Joe Biden announced Thursday that he is commuting the sentences of some 1,500 individuals and pardoning 39 people convicted of non-violent crimes – marking a broad use of the presidential clemency power just weeks from the end of Biden’s...
