; and (B) may not remove the individual until the Secretary has denied the application, unless the Secretary, in the Secretary’s sole and unreviewable discretion, determines that expeditious removal of the alien is in the national security, public safety, or foreign policy interests of the United States, or the Secretary will be required for constitutional reasons or court order to release the alien from detention. (7) Suspension of removal during application period (A) Aliens in removal proceedings Notwithstanding any other provision of this division, if the Secretary determines that an alien, during the period beginning on the date of the enactment of this Act and ending on the last day of the application period described in subsection (c)(2), is in removal, deportation, or exclusion proceedings before the Executive Office for Immigration Review and is prima facie eligible for contingent nonimmigrant status under this section— (i) the Secretary shall provide the alien with the opportunity to file an application for such status; and (ii) upon motion by the alien and with the consent of the Secretary, the Executive Office for Immigration Review shall— (I) provide the alien a reasonable opportunity to apply for such status