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This is a hypothetical:

The president has a right to pardon any federal crime. If the president pardons you for illegally entering the country, can you begin immigration proceedings as having never entered the country illegally?

Just to be absolutely clear this question is alluding to the president providing a blanket pardon. I, the person asking, want to get away from the politics of it and merely handle the legality: whether or not the implications of a blanket pardon will be sufficient to begin immigration proceedings for undocumented immigrants and what that would look like. For these reasons, I'm asking the question as a hypothetical about one person.

Evan Carroll
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2 Answers2

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In general, no. The president's pardon excuses the recipient from trial, conviction, and punishment for the crime of illegal entry, but it does not grant the recipient a lawful immigration status. Therefore, the recipient of the pardon remains subject to removal proceedings and possible removal from the US.

Consider the illegal aliens who didn't enter the country illegally, such as those who entered with a nonimmigrant visa but failed to depart when their nonimmigrant status ended. These people are in a similar situation: they have no criminal liability, but they lack immigration status and (absent other facts) lack any way of qualifying for it.

phoog
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U.S.C. § 1325 makes it a crime to unlawfully enter the United States. It applies to people who do not enter with proper inspection at a port of entry or lie while going through inspection. A first offense is a misdemeanor punishable by a fine, up to six months in prison, or both.

U.S.C. § 1326 makes it a crime to unlawfully enter after having been deported.

A pardon for either of these would not be the equivalent of inspection (although of course the President could order the appropriate Department to do that, all the way up to granting citizenship).

jmoreno
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