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'Tough' immigration law CHOCK FULL of exceptions

By Catholic Online (NEWS CONSORTIUM)
April 19th, 2013
Catholic Online (www.catholic.org)

Immigrants coming over the border from Mexico, bringing with them the remnants that country's failed war on drugs to Border States has prompted citizens and legislators to call for tougher immigration laws. One such law in the Senate intends to crack down on this problem - in a wordy 844-page document chock full of waivers, exceptions and exemptions.

LOS ANGELES, CA (Catholic Online) - The bill's complexity is forcing both opponents and supporters to fine toothcomb it before they can either show their or opposition.

One exception reads: "WAIVER.-The Secretary, in the Secretary's sole and unreviewable discretion, may waive the application of subparagraph (A) on behalf of an alien," says one passage on page 71 of the complex document.

The prospective beneficiary of that discretion by a political appointee, according to the bill, is "an alien who departed from the United States while subject to an order of exclusion, deportation, or removal."

The document mentions "discretion" or "discretionary" 41 times, which is highly ambiguous, giving local courts a vague leeway. The bill mentions "exempt" or "exemption" 18 times.

The bill also mentions "judge" or "judges" 73 times, and mentions "secretary" 1018 times, normally as the people who decide whether to apply a waiver, exemption, determination or exception.

Republican objections, such as those from Senator Jeff Sessions among others, say they should be given more time to study the bill as they are tasked with explaining the bill's myriad complexities and loopholes to the public.

In contrast, top Democratic leaders, including Sen. Chuck Schumer, want to rapidly send through the committee and then to the floor by early June.

Eight Senators have drafted the measure in secret for several months and are expected presented their bill to the public this week.

"The competition requirement under section 253(a) of title 41, United States Code, may be waived or modified by a Federal agency for any procurement conducted to implement this title or the amendments made by this title if the senior procurement executive for the agency conducting the procurement . determines that the waiver or modification is necessary," the bill declares on 142.

Adding to the uncertainty of the bill, the word "except" appears 156 times in the document.

One exception on page 12 allows the secretary to bypass the enforcement mechanisms that limit the award of green cards to former illegal immigrants.

"(B) EXCEPTION.-The Secretary shall permit registered provisional immigrants to apply for an adjustment to lawful permanent resident status if - (i)(I) litigation or a force majeure has prevented one or more of the conditions described in clauses (i) through (iv) of subparagraph (A) from being implemented."

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