It would also exclude absconders. By that. I mean people who have actually had their day in court and have been ordered deported from the country but have simply gone underground. hunkered down in the hope they might be able to stay. There have been some motions made regarding this amendment for waiver by the Secretary of the Department of Homeland Security for extraordinary circumstances. For example. if someone is able to establish that they didnt actually get notified. then as a matter of fundamental due process considerations they ought to be able to revisit that and to show that they did not get notice of the removal proceedings.
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