AOC hits Biden for not pardoning illegal immigrants for federal offenses of simple marijuana possession

Rep. Alexandria Ocasio-Cortez, D-N.Y., criticized President Biden for not including illegal immigrants in his pardon for those federally convicted of simple marijuana possession.

Ocasio-Cortez made the comments during an episode of “Pod Save America” that was released on Tuesday.

“I can at least say with Latino voters, we’ve never tried as a party. The Democratic Party has not tried in terms of Latino electorates. And, I mean, where’s our Dream Act, where is our immigration reform. And even recently with President Biden’s marijuana executive order, I very much applaud that he went there, but he exempted people who were convicted if they were convicted while they were undocumented,” Ocasio-Cortez said.

Biden announced the pardon of all prior convictions for federal offenses of simple marijuana possession on Oct. 6.

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Biden said in a tweet after announcing the pardons that “no one should be in jail just for using or possessing marijuana.”

“First: I’m pardoning all prior federal offenses of simple marijuana possession. There are thousands of people who were previously convicted of simple possession who may be denied employment, housing, or educational opportunities as a result. My pardon will remove this burden,” Biden tweeted.

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President Biden speaks about infrastructure investments at the LA Metro, D Line (Purple) Extension Transit Project – Section 3 in Los Angeles on Oct. 13, 2022.
(AP Photo/Carolyn Kaster)

However, the proclamation pardoning the federal offenses states that it wouldn’t apply to illegal immigrants.

“This pardon does not apply to individuals who were non-citizens not lawfully present in the United States at the time of their offense,” the proclamation states.

An administration official told Fox News Digital that the pardon applies to U.S. citizens and green card holders, but said that people not in those groups could apply for a pardon.

“This particular pardon is limited to U.S. citizens and legal permanent residents who committed simple possession of marijuana,” the official said. “Others who believe they have persuasive cases for clemency can apply through the regular pardon process.

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Rep. Alexandria Ocasio-Cortez, D-N.Y., prepares to speak during a rally for immigration provisions to be included in the Build Back Better Act outside the U.S. Capitol in Washington, D.C., on Dec. 7, 2021.
(Drew Angerer/Getty Images)

“Such petitions will receive an individualized review at the Justice Department before being presented to the President for potential executive action,” the official continued.

Fox News’ Adam Shaw contributed to this report.