Sec. 1204. Restoring fairness to adjudications
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Section 212 of the Immigration and Nationality Act ( 8 U.S.C. 1182 ) is amended by inserting after subsection
(b)the following: Notwithstanding any other provision of law, except section 245G(c)(1)(B), the Secretary of Homeland Security or the Attorney General may waive the operation of any 1 or more grounds of inadmissibility under this section (excluding inadmissibility under subsection (a)(3)) for any purpose, including eligibility for relief from removal— for humanitarian purposes; to ensure family unity; or if a waiver is otherwise in the public interest. In making a determination under paragraph (1), the Secretary of Homeland Security or the Attorney General shall consider all mitigating and aggravating factors, including— the severity of the underlying circumstances, conduct, or violation; the duration of the noncitizen’s residence in the United States; evidence of rehabilitation, if applicable; and the extent to which the noncitizen’s removal, or the denial of the noncitizen’s application, would adversely affect the noncitizen or the noncitizen’s United States citizen or lawful permanent resident family members. . Section 237(a) of the Immigration and Nationality Act ( 8 U.S.C. 1227(a) ) is amended by adding at the end the following: Notwithstanding any other provision of law, except section 245G(c)(1)(B), the Secretary of Homeland Security or the Attorney General may waive the operation of any 1 or more grounds of deportability under this subsection (excluding deportability under paragraph (2)(A)(iii) based on a conviction described in section 101(a)(43)(A) and deportability under paragraph (4)) for any purpose, including eligibility for relief from removal— for humanitarian purposes; to ensure family unity; or if a waiver is otherwise in the public interest. In making a determination under subparagraph (A), the Secretary of Homeland Security or the Attorney General shall consider all mitigating and aggravating factors, including— the severity of the underlying circumstances, conduct, or violation; the duration of the noncitizen’s residence in the United States; evidence of rehabilitation, if applicable; and the extent to which the noncitizen’s removal, or the denial of the noncitizen’s application, would adversely affect the noncitizen or the noncitizen’s United States citizen or lawful permanent resident family members. .
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