From a Senate source:

I saw Krikorian’s post on The Corner, and thought this might be of some use: The original Kyl-Cornyn amendment that did not get a vote a few weeks ago used the term “subject to a final order of removal.” A “final order of removal” means that all appeals at the agency/court level have been completed. There are almost 70,000 cases on appeal in the agency, and tens of thousands of cases on appeal in federal circuits around the country. In their effort to defend absconders, the advocacy groups claimed that the phrase “subject to a final order” was ambiguous. So we put in language that says any alien “that has been ordered removed.” – e.g. no “final order” or “subject to” So now the ineligibility would apply to anyone who has been ordered removed, even if they have a case on appeal. In sum – the advocacy groups negotiated away anyone who is on appeal – so that they are now ineligible for legalization. All they got in return was a carve-out for extreme hardship.