California Gov. Gavin Newsom recently granted four pardons and two commutations. Among those pardoned were immigrants Victor Ayala from El Salvador, Arnou Aghamalian from Iran, and Thear Seam from Cambodia, all immigrants or refugees who arrived in the United States as children or teenagers.
Because of California’s sanctuary policies, the governor’s move is raising questions regarding his motives.
All three men are in the United States legally, however since they are not citizens, they could still face deportation for their criminal convictions.
Seam, the 41-year-old Cambodian refugee, was convicted in 1996 for robbery and for serving as an accessory to a high-speed chase involving a wanted fugitive attempting to evade arrest.
While the pardoned immigrants will now have the ability to obtain jobs and be active members of society without being hindered by their criminal history, Nora V. Demleitner, the Roy L. Steinheimer Jr. Professor of Law in Washington and Lee University in Virginia, told The Epoch Times that Newsom’s pardon is not a guarantee that the federal government won’t push deportation procedures.
In this case, federal rules can still be applied and convictions might not be affected by pardons granted by Newsom, the professor added.
“[While Barr’s decision] ostensibly focuses only on judicial changes to sentences, not on gubernatorial pardons,” Demleitner told The Epoch Times, “it is likely that the attorney general will attempt to apply similar reasoning to pardons.”
Demleitner said Newsom may have focused on these immigrants in particular because he might deem deportation “an excessive punishment.”
“Note that many of these convictions are quite old, and some of the offenders were quite young at the time. That means the individuals could demonstrate rehabilitation and the fact that they are now an asset to the state,” she said.
Prem Kumar, the CEO of immigrant service provider Visa Tutor, told The Epoch Times, “the threat of deportation is relatively strong if an immigrant is convicted and subject to deportation proceedings.”
Demleitner told The Epoch Times that in a number of cases, immigrants were deported despite receiving pardons.
If anything, she said, Newsom’s pardons “[test] the interplay between state and federal powers and the state’s control over its criminal justice system,” and may serve as examples to other states in the future.