Author: Jason Cade

Jason A. Cade is an Associate Professor of Law at the University of Georgia School of Law. His scholarship explores the role of nonfederal actors and institutions in the modern immigration system, judicial review of deportation procedures, and intersections between immigration enforcement and criminal law.

Pardons for immigrants: legal, legitimate, and long overdue

In the past year, California Governor Jerry Brown and New York Governor Andrew Cuomo made generous use of their power to pardon state crimes committed by noncitizens, reinvigorating a much-neglected means by which long-term residents may stave off conviction-based deportation.  The personal stories of the individuals who benefited from the Brown and Cuomo pardons no doubt illustrate how individuals and families can be spared from unjustified hardship through the power to pardon.  But were the governors justified in asserting a role for state interests in tempering federal immigration enforcement policies they evidently regarded as too harsh?  In this post, I will briefly explain the legal and theoretical framework that supports a role for state pardons in the immigration context, and then argue for a more generous use of the pardon power in principled and transparent ways.

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