Sometimes. Federal immigration law says a "full and unconditional pardon by the President of the United States" removes four specific grounds of deportation. It does not mention others, including drug and firearm convictions. A commutation does not help at all.
What the law says
The list of criminal grounds for deporting a noncitizen is in 8 U.S.C. § 1227(a)(2). Clause (vi) of § 1227(a)(2)(A), titled "Waiver authorized," says clauses (i) through (iv) "shall not apply in the case of an alien with respect to a criminal conviction if the alien subsequent to the criminal conviction has been granted a full and unconditional pardon by the President of the United States..."
Those four grounds are:
- (i) A crime involving moral turpitude committed within five years after admission and punishable by a sentence of one year or longer.
- (ii) Two or more crimes involving moral turpitude that did not arise from a single scheme.
- (iii) An aggravated felony.
- (iv) High speed flight from an immigration checkpoint (18 U.S.C. § 758).
What it does not cover
The waiver names only those four clauses. Other grounds in § 1227(a)(2) are not on the list, including:
- Failure to register as a sex offender under 18 U.S.C. § 2250 (§ 1227(a)(2)(A)(v)).
- Controlled substance convictions (§ 1227(a)(2)(B)), other than a single offense of possessing 30 grams or less of marijuana for one's own use.
- Firearm offenses (§ 1227(a)(2)(C)).
- Domestic violence, stalking, child abuse and protection order violations (§ 1227(a)(2)(E)).
The waiver also appears only in § 1227, the deportation section. 8 U.S.C. § 1182(a)(2), which lists the criminal grounds that can make a person inadmissible, does not mention pardons.
Commutations and conditional pardons
A commutation is not a pardon. The Office of the Pardon Attorney says a commutation "has no effect on a person's immigration status and will not prevent removal or deportation from the United States" (DOJ FAQ). The same page says that "[u]nder some – but not all – circumstances, a pardon can eliminate the legal basis for removal or deportation."
By its terms, the waiver also requires a pardon that is both "full" and "unconditional."
What it means for you
- Find out which ground applies. Whether a pardon would help depends on the exact deportation ground the government relies on. An immigration lawyer can tell you that, and should be part of any plan.
- Know the timing. The Justice Department's rules say not to file a pardon petition until at least five years after release from confinement, or five years after conviction if there was no prison sentence (28 C.F.R. § 1.2).
- No pardon is guaranteed. The pardon power belongs to the President alone (U.S. Const. art. II, § 2, cl. 1), and the rules about petitions are advisory.
Our guides explain what a pardon is, how to apply for a presidential pardon and the difference between a pardon and a commutation.