They cannot do that.

The are fundamental aspects of immigration law not even the Congress will change. It would drastically change the function of how "Deferred Action" is supposed to work.

This is how an agreement has to work....1. Develop process that forgives unlawful presence under INA .2. Develop a status(Visa or US residency) change that fits a particular category.....however...concerning no. 3. Does a visa status require a "touchback" option to consular process.