To summarize what these problems are. there are the constitutional issues that I think will arise. The due process question is whether the standards could be changed in the middle of the game and applied retroactively. We have the problem of this cap. which potentially creates the absurd circumstance I just described where people who have been adjudged to be able to stay in the country are still deported because the 4.000 limit has been reached. We have the anomaly I have described where those people who were trying to play by the rules. who subjected themselves to the process in response to legislation we passed. would suddenly find themselves in a disadvantaged position as opposed to those who never played by the rules in the first place. And what we have. in effect. is a circumstance that I describe as bait and switch.
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