; (II) section 212(a)(3); (III) subparagraph (A), (C), or (D) of section 212(a)(10); or (IV) paragraph (2)(A)(ii), (2)(A)(v), (2)(F), (4), or (6) of section 237(a); or (ii) has— (I) engaged in conduct described in paragraph (9) or (10) of section 103 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102 ); or (II) a felony conviction described in section 101(a)(43) that would have been classified as an aggravated felony at the time of conviction. For purposes of this subparagraph, family separation in and of itself shall be deemed to be a hardship and shall be deemed to be against the public interest. . (b) Secretary’s discretion Section 212 of the Immigration and Nationality Act ( 8 U.S.C. 1182 ) is amended by adding at the end the following: (u) Secretary’s discretion In the case of an alien who is inadmissible under this section or deportable under section 237 or ineligible under any provision of this Act, the Secretary of Homeland Security may exercise discretion to waive a ground of ineligibility, inadmissibility or deportability or grant permission to reapply for admission or any application for immigration benefits if the Secretary determines that such ineligibility, removal or refusal of admission is against the public interest or would result in hardship, including family separation, to the alien’s United States citizen or permanent resident parent, spouse, or child. For purposes of this subsection, family separation in and of itself shall be deemed to be a hardship and shall be deemed to be against the public interest. This subsection shall not apply to an alien whom the Secretary determines— (1) is inadmissible or deportable under— (A) subparagraph (B), (C), (D)(ii), (E), (H), or (I) of subsection (a)(2); (B) subsection (a)(3); (C) subparagraph (A), (C), or (D) of subsection (a)(10); (D) paragraph (2)(A)(ii), (2)(A)(v), (2)(F), or (6) of section 237(a); or (E) section 240(c)(4)(D)(ii)(II)