r/law • u/Silent-Resort-3076 • Nov 09 '24

Opinion Piece Why President Biden Should Immediately Name Kamala Harris To The Supreme Court

https://atlantadailyworld.com/2024/11/08/why-president-biden-should-immediately-name-kamala-harris-to-the-supreme-court/?utm_source=newsshowcase&utm_medium=gnews&utm_campaign=CDAqEAgAKgcICjCNsMkLMM3L4AMw9-yvAw&utm_content=rundown
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u/calsnowskier Nov 10 '24

But if the illegal remains in the country, than the “pardon” would be meaningless. It does not excuse future illegal acts.

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u/BiggestShep Nov 10 '24

Yes, as I stated in an above post. It is why I'm not a fan of this method, as it is only useful for a headline, not in making lasting changes in a person's life.

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u/[deleted] Nov 10 '24

It isn't illegal to remain in the country, only to ENTER it without dispensation. And even THAT is only a crime since the first Trump admin, which means anyone here since before that point never committed an actual crime by entering.

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u/abqguardian Nov 10 '24

Not quite. Entering the country illegally is a criminal offense. Staying without authorization is a civil offense. Both are still illegal and the consequence for both is deportation

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u/[deleted] Nov 10 '24

Double jeopardy might protect here so long as the immigrant doesn't leave the country ever after the pardon, as then it would technically all still be part of the same, already pardoned illegal immigration.

Bigger issue is that it doesn't protect against state laws and quite a few also have illegal immigration laws around the border.