[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5541 Introduced in House (IH)]








109th CONGRESS
  2d Session
                                H. R. 5541

              To reform immigration litigation procedures.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 7, 2006

Mr. Bonilla (for himself, Mr. Smith of Texas, Mr. Burgess, Mr. Carter, 
Mr. Conaway, Mr. Gohmert, Ms. Granger, Mr. Hensarling, Mr. Sam Johnson 
    of Texas, Mr. Marchant, Mr. McCaul of Texas, Mr. Sessions, Mr. 
   Thornberry, Mr. Neugebauer, Mr. Culberson, Mr. Poe, Mr. Barton of 
   Texas, Mr. Hall, Mr. Brady of Texas, Mr. Paul, and Mr. Doolittle) 
 introduced the following bill; which was referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
              To reform immigration litigation procedures.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fairness in Immigration Litigation 
Act of 2006''.

SEC. 2. APPROPRIATE REMEDIES FOR IMMIGRATION LITIGATION.

    (a) Limitation on Civil Actions.--No court may certify an action as 
a class action under Rule 23 of the Federal Rules of Civil Procedure in 
any civil action filed after the date of the enactment of this Act 
pertaining to the administration or enforcement of the immigration laws 
of the United States.
    (b) Requirements for Relief.--
            (1) Prospective relief.--
                    (A) In general.--In the case that a court 
                determines that prospective relief should be ordered 
                against the Government in a civil action with respect 
                to the administration or enforcement of the immigration 
                laws of the United States, the court may order such 
                relief only if the following requirements are met:
                            (i) The court limits the relief to the 
                        minimum necessary to correct the violation.
                            (ii) The relief is the least intrusive 
                        means necessary to correct the violation.
                            (iii) The court minimizes, to the greatest 
                        practical extent, any adverse impact on 
                        national security, border security, immigration 
                        administration and enforcement, and public 
                        safety caused by the relief.
                            (iv) The court provides for the expiration 
                        of the relief on a specific date which allows 
                        for the minimum practical time needed to remedy 
                        the violation.
                    (B) Written explanation required with court 
                order.--Each court order granting prospective relief 
                shall include in writing an explanation of how the 
                relief meets each requirement under subparagraph (A). 
                Such explanation must be sufficiently detailed to allow 
                review by another court.
            (2) Duration of preliminary injunctive relief.--In the case 
        of prospective relief that is preliminary injunctive relief, 
        such preliminary injunctive relief shall automatically expire 
        on the date that is 90 days after its entry, unless the court 
        determines that the relief meets all legal requirements, 
        including those under paragraph (1)(A), for the entry of 
        prospective relief and makes the order for the prospective 
        relief involved final before expiration of the 90-day period.
    (c) Procedure for Motions Affecting Prospective Relief Against the 
Government.--
            (1) In general.--A court shall promptly rule on any motion 
        by the Government to vacate, modify, dissolve, or otherwise 
        terminate an order granting prospective relief in a civil 
        action with respect to the administration or enforcement of the 
        immigration laws of the United States.
            (2) Automatic stays.--
                    (A) In general.--A motion described in paragraph 
                (1), with respect to an order granting prospective 
                relief in a civil action described in such paragraph 
                shall automatically, and without further order of the 
                court, stay the order granting prospective relief 
                during the period beginning on the date that is 15 days 
                after the date on which such motion is filed and ending 
                on the date on which the court enters a final order 
                granting or denying the motion.
                    (B) Rule of construction.--A motion described in 
                paragraph (1) shall not operate as a stay under 
                subparagraph (A) if the court involved enters a final 
                order ruling on the motion before the first day of the 
                period described in subparagraph (A).
                    (C) Treatment of motions pending for not more than 
                45 days on date of enactment.--For purposes of this 
                subsection, a motion described in paragraph (1) that 
                was filed during the 45-day period before the date of 
                the enactment of this Act and for which the court has 
                not, as of such date of enactment, entered a final 
                order ruling on the motion shall be treated as if the 
                motion had been filed on such date of enactment.
                    (D) Treatment of motions pending for more than 45 
                days on date of enactment.--For purposes of this 
                subsection, a motion described in paragraph (1) that 
                was filed more than 45 days before the date of the 
                enactment of this Act and for which, as of the date 
                that is 10 days after such date of enactment, the court 
                involved has not entered a final order granting or 
                denying the motion, shall operate as an automatic stay 
                of the prospective relief, without further order of the 
                court. An automatic stay under this subparagraph shall 
                be effective beginning on such date that is 10 days 
                after the date of enactment and ending on the date on 
                which the court involved enters a final order granting 
                or denying the motion. The effective date of an 
                automatic stay under this subparagraph may not be 
                postponed under paragraph (3).
            (3) Postponement of automatic stays.--The court may, for 
        good cause, enter an order to postpone the effective date of an 
        automatic stay under paragraph (2). No effective date of an 
        automatic stay under paragraph (2) may be postponed for more 
        than 15 days.
            (4) Automatic stays during remands from higher courts.--
        Whenever a higher court orders that a decision on a motion 
        subject to this section shall be remanded to a lower court, the 
        order granting prospective relief that is the subject of the 
        motion shall be automatically stayed until the district court 
        enters an order granting or denying the motion. The effective 
        date of an automatic stay under this subparagraph may not be 
        postponed under paragraph (3).
            (5) Orders blocking automatic stays.--Any order staying, 
        suspending, delaying, or otherwise barring the effective date 
        of an automatic stay under this subsection, other than an order 
        to postpone the effective date under paragraph (3), shall be 
        treated as an order refusing to vacate, modify, dissolve, or 
        otherwise terminate an injunction and immediately shall be 
        appealable pursuant to section 1292(a)(1) of title 28, United 
        States Code.
            (6) Requirements for order denying motion.--Subsection (b) 
        shall apply to an order entered by a court to deny a motion 
        described in paragraph (1) in the same manner that such 
        subsection applies to a grant of prospective relief under such 
        subsection.
    (d) Rules for Prospective Relief Affecting Expedited Removal.--
            (1) In general.--Notwithstanding any other provision of law 
        (statutory or nonstatutory), including section 2241 of Title 
        28, United States Code, or any other habeas provision, and 
        sections 1361 and 1651 of such title, no court has jurisdiction 
        to grant or continue an order or part of an order granting 
        prospective relief if the order or part of the order interferes 
        with, affects, or impacts any determination pursuant to, or the 
        implementation of, section 235(b)(1) of the Immigration and 
        Nationality Act (8 U.S.C. 1225(b)(1)).
            (2) Determination of continuing jurisdiction.--Upon the 
        Government's filing of a motion to vacate, modify, dissolve, or 
        otherwise terminate an order granting prospective relief in a 
        civil action described in subsection (b)(1)(A), the court 
        involved shall promptly determine whether it continues to have 
        jurisdiction and shall promptly vacate any order or part of an 
        order granting prospective relief that is not within the 
        jurisdiction of the court.
            (3) Safe harbor for continuing prospective relief to remedy 
        violation of constitutional rights.--Paragraphs (1) and (2) 
        shall not apply to an order granting prospective relief in a 
        civil action described in subsection (b)(1)(A) to the extent 
        that the order was entered before the date of the enactment of 
        this Act and the prospective relief is necessary to remedy the 
        violation of a right guaranteed by the Constitution of the 
        United States.
    (e) Settlements.--
            (1) Consent decrees.--In any civil action with respect to 
        the administration or enforcement of the immigration laws of 
        the United States, the court involved shall not enter, approve, 
        or continue a consent decree unless the decree complies with 
        the requirements under clauses (i) through (iv) of subparagraph 
        (A) of subsection (b)(1) and includes the written explanation 
        required under subparagraph (B) of such subsection.
            (2) Private settlement agreements.--Nothing in this 
        subsection shall preclude parties from entering into a private 
        settlement agreement that does not comply with the requirements 
        under clauses (i) through (iv) of subparagraph (A) of 
        subsection (b)(1) or that does not include the written 
        explanation required under subparagraph (B) of such subsection.
    (f) Expedited Proceedings.--Each court shall take measures to 
advance on the docket and to expedite the disposition of any civil 
action described in subsection (b)(1)(A) or motion described in 
subsection (c) or (d).
    (g) Definitions.--For purposes of this section:
            (1) Consent decree.--The term ``consent decree'' means any 
        relief entered by a court that is based in whole or in part on 
        the consent or acquiescence of the parties involved but does 
        not include private settlements.
            (2) Good cause.--The term ``good cause'' does not include 
        any cause related to discovery or congestion of the court's 
        calendar.
            (3) Government.--The term ``Government'' means the United 
        States, any Federal department or agency, or any Federal agent 
        or official acting within the scope of official duties.
            (4) Permanent relief.--The term ``permanent relief'' means 
        relief issued in connection with a final decision of a court.
            (5) Private settlement agreement.--The term ``private 
        settlement agreement'' means an agreement entered into among 
        the parties involved that is not subject to judicial 
        enforcement other than the reinstatement of the civil 
        proceedings that the agreement settled.
            (6) Prospective relief.--The term ``prospective relief'' 
        means temporary, preliminary, or permanent relief other than 
        compensatory monetary damages.

SEC. 3. SEVERABILITY.

    If any provision of this Act or the application of such provision 
to any person or circumstance is found to be unconstitutional, the 
remainder of this Act and the application of the provisions of such 
remainder of this Act to any person or circumstance shall not be 
affected by such finding.

SEC. 4. EFFECTIVE DATE.

    Except as otherwise provided under section 2(a), the provisions of 
this Act shall apply to all orders granting prospective relief entered 
by a court before, on, or after the date of the enactment of this Act.
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