Letter Pleading Presidential Indictment: Immigrants Last Hope Against Deportation

As President Obamas Presidential term is coming to an end, great uncertainty torments thousands of people in the areas of economics, politics, education, employment, healthcare and immigration, as President-elect Donald Trump has announced a presidential agenda which would affect the most vulnerable. In the midst of creating awareness, inspire change and hopefully positive social transformation I have written a letter to President Obama pleading that he takes the last ultimate challenge before leaving the Presidential Office: having the opportunity to go down in history as one of the greatest Presidents of the United States of America.

November 15, 2016

RE: Pleading Presidential Indictment: Immigrants Last Hope Against Deportation

Dear President Barack Obama:

It is time to take the ultimate endowment challenge before leaving the Presidential Office: having the opportunity to go down in history as one of the greatest Presidents of the United States of America. Subsequently, achieving a legacy of positive social transformation and setting an exemplar precedent in the new millennium, committing to your supporters during the last 8 years and adherents of this letter who mercifully entreat you to act promptly to secure justice, compassion, and human dignity, within a demoralized and punitive immigration system. Despite the recent uncertainty, fear, and chaos following the recent controversial 2016 presidential election, let it be known that the Dream is not over, as we urge you, President Obama, to exercise the compelling power the U.S. Constitution grants youand only you to PARDON individuals for offenses against the United States, in this case, the immigrants being the offenders, and therefore immediately protecting upon issuance a large category of righteous people against any atrocious deportation agenda, by pardoning their illegal or extended stay before leaving the Oval Office on January 20, 2017.

A Call for Action: A Miraculous Ace Under the Presidential Sleeve

In the midst of striving for a more inclusive, united, and safe country, advocating for a much necessary and urgent comprehensive immigration reform, protecting immigrant children and mothers, students, dreamers, DACA recipients, parents, and immigrant workers, we eminently urge you, President Obama, to exercise YOUR unilateral power granted to U.S. Presidents in 1789, under Article II, Section 2 of the U.S. Constitution, which states that the President shall have power to grant reprieves and pardons for offenses against the United States, as perhaps more than any other time in U.S. history, we have to march forward creating a truly post-racial society, while adopting a multi-perspective for the twenty-first century.

Unlike an immigration reform act or a deferred deportation program, Congress cannot restrict the Presidents unilateral and irrevocable pardon, as the Supreme Court has warranted that Congress cannot interfere in any way with the presidents power to pardon. Further, a Presidential pardon would not amend the current laws, but serve as protection to certain past offenders (immigrants) from punishment and possible injudicious prosecution, subsequently, leaving existing laws unchanged and intact for any future violators. If a future administration fails to honor the irrevocable pardon, beneficiaries could use it as an effective shield toward any inhumane deportation proceedings.

Clearly, as a democratic society, we cannot continue as a divided America, criminalizing, marginalizing, and silencing certain segments of society. Ultimately, people of all races and ethnicities must unit and work together with an inclusive and unified mission and a long-term vision if the United States wishes to situate itself as the country of the future.

The Urgent Need for a Presidential Pardon:

1. It is time to bring undocumented people out of the shadows so that they can be integrated into mainstream society, allowing them access to essential things, like training and education, which in turn will enable them to further contribute to the rebirth of the U.S. economy.

2. We need to confront prejudice, racism, and discrimination against immigrants (undocumented and documented) to reduce/end hate crimes, violence, and other forms of detriment. While some critics passionately and even aggressively argue that ethnicity/race is not a significant factor (or even a factor) in immigration laws, enforcement, criminalization, incarceration, or discourse, ethnic and racial minorities are already wearing a racial uniformskin colorwhich itself has become the mark of illegality; ultimately, illegality is equated with brownness and brownness is equated with illegality.

3. In an effort to humanize immigration, difference, and multiculturalism we need to start deconstructing immigrant myths, stereotypes, and phobias, and promote immigrant stories through positive ads, sharing their stories of how they give back to the community and contribute to the American economy and society. As we continue to build America, we need to educate, mentor, and empower them to not feel ashamed about being immigrant minorities, allowing them to have pride and develop their capabilities and exercise their full potential.

Ironically, as a country of immigrants, presidential pardons have not been utilized for the forgiveness of civil immigration violations, and in effect, it is often erroneously assumed that they can only be granted for criminal offenses. While controversial, in the past, various presidents have exercised their presidential pardon power, including George Washington, Thomas Jefferson, James Madison, Abraham Lincoln, Andrew Johnson, and Jimmy Carter, who exercised his unilateral presidential power to pardon around half a million men who evaded the draft during the Vietnam War.

Thus, to be clear, while a presidential pardon does not achieve everything the deferred deportation program or immigration reform aspired to (that is, presidential pardon would not deliver work permits or guarantee legal stay in the United States), but would efficiently act as a shield, in defense of President-elect Donald Trump s proclaimed prejudice, tyrannical, and ambiguous deportation program.

Together, as recently documented in my forthcoming book, Immigration and the Law: Race, Citizenship, and Social Control Over Time, the message must be clear: Its a new world. Solutions for many of the issues detailed herein require innovation, strategy, cooperation, and courage. A movement of this magnitude requires endurance, a focused mission, and a well-defined vision. Evidently, a big task, which requires a strong voice to take action for the betterment of our future.

Ultimately, in a universal call for action, after centuries of marginalization and neglect, we need to cast our own movements, projects, and ideas as a battle for relevancy in the face of historical manipulation, exploitation, and historical oppression. I entreat you to touch your heart and take this ultimate endowment, marching toward the creation of a truly post-racial society, while adopting a multi-perspective for the twenty-first centuryin the name of unity, progress, and human dignity, favoring all people, men, women, and children.

With the greatest respect and admiration,

Sofa Espinoza lvarez, Lic.

Author, Researcher, Legist, and Advocate

Sofa Espinoza lvarez is an author, researcher, legist, and advocate. She is a law graduate and holds a Bachelor of Science degree in criminal justice. lvarez has maintained an active professional career and an intense research and publication agenda, publishing various academic book chapters, journal articles, and books. Her books include, Immigration and the Law: Race, Citizenship, and Social Control Over Time (forthcoming); Ethnicity and Criminal Justice in the Era of Mass Incarceration: A Critical Reader on the Latino Experience (2017); and Latino Police Officers in the United States: An Examination of Emerging Trends and Issues (2015).

For more, connect with Sofa on Twitter , Facebook , Linkedin , Instagam , GoodReads , or visit SofiaAlva.com. Got a question? Email me at: info@sofiaalva.com.