There’s also a “hardship exception” under Section 245D.
“The Secretary may adjust the status of a registered provisional immigrant to the status of a lawful permanent resident if the alien … demonstrates compelling circumstances for the inability to satisfy the requirement.”
Thee are 94 uses of “waiver,” including a provision on page 198 that allows the secretary to invite a deported illegal immigrant to return and file for the amnesty.
“WAIVER.—The Secretary may waive the application of subparagraph (A)(iii) on behalf of an alien if the alien ‘‘(i) is the spouse or child of a United States citizen … [or] … was physically present in the United States for an aggregate period of not less than 3 years during the 6-year period immediately preceding the date of the enactment of this section.
“Determines” is used 84 times in the bill.
“The Secretary of Homeland Security may permit an alien to remain temporarily in the United States and authorize the alien to engage in employment in the United States if the Secretary determines that the alien … has been helpful, is being helpful, or is likely to be helpful, in the investigation, prosecution of, or pursuit of civil remedies related to the claim arising from a covered violation.”
“Unreviewable” appears seven times in the bill.
On page 568, for example, the bill declares that “the Attorney General may, in the Attorney General’s sole and unreviewable discretion, appoint or provide counsel to aliens in immigration proceedings conducted under section 240 of this Act.”
The six other mentions of unreviewable authority apply to the secretary of the Department of Homeland Security.
In 2012, the immigration flow consisted of 450,000 working-age immigrants, 30,000 older immigrants and 700,000 short-term and long-term workers. The guest workers included roughly 50,000 agriculture workers, 400,000 service workers and 250,000 university-trained workers.
The new law would increase the inflow by at least 350,000 more workers, and exempt university-trained professionals from immigration caps, even when unemployment is above 8 percent.