To provide for immigration injunction reform.

1. Adds TITLE VIII--IMMIGRATION INJUNCTION REFORM on page 253, between lines 19 and 20

   Adds a titlePrinted page

   Inserted: TITLE VIII--IMMIGRATION INJUNCTION REFORM

   Inserted: SEC. 8001. SHORT TITLE.

   Inserted: This title may be cited as the "Fairness in Immigration Litigation Act of 2006".

   Inserted: SEC. 8002. APPROPRIATE REMEDIES FOR IMMIGRATION LEGISLATION.

   Inserted: (a) Requirements for an Order Granting Prospective Relief Against the Government.--

   Inserted: (1) In general.--If a court determines that prospective relief should be ordered against the Government in any civil action pertaining to the administration or enforcement of the immigration laws of the United States, the court shall--

   Inserted: (A) limit the relief to the minimum necessary to correct the violation of law;

   Inserted: (B) adopt the least intrusive means to correct the violation of law;

   Inserted: (C) minimize, to the greatest extent practicable, the adverse impact on national security, border security, immigration administration and enforcement, and public safety, and

   Inserted: (D) provide for the expiration of the relief on a specific date, which is not later than the earliest date necessary for the Government to remedy the violation.

   Inserted: (2) Written explanation.--The requirements described in paragraph (1) shall be discussed and explained in writing in the order granting prospective relief and must be sufficiently detailed to allow review by another court.

   Inserted: (3) Expiration of preliminary injunctive relief.--Preliminary injunctive relief shall automatically expire on the date that is 90 days after the date on which such relief is entered, unless the court--

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   Inserted: (A) makes the findings required under paragraph (1) for the entry of permanent prospective relief; and

   Inserted: (B) makes the order final before expiration of such 90-day period.

   Inserted: (4) Requirements for order denying motion.--This subsection shall apply to any order denying the Government's motion to vacate, modify, dissolve or otherwise terminate an order granting prospective relief in any civil action pertaining to the administration or enforcement of the immigration laws of the United States.

   Inserted: (b) Procedure for Motion Affecting Order Granting Prospective Relief Against the Government.--

   Inserted: (1) In general.--A court shall promptly rule on the Government's motion to vacate, modify, dissolve or otherwise terminate an order granting prospective relief in any civil action pertaining to the administration or enforcement of the immigration laws of the United States.

   Inserted: (2) Automatic stays.--

   Inserted: (A) In general.--The Government's motion to vacate, modify, dissolve, or otherwise terminate an order granting prospective relief made in any civil action pertaining to the administration or enforcement of the immigration laws of the United States shall automatically, and without further order of the court, stay the order granting prospective relief on the date that is 15 days after the date on which such motion is filed unless the court previously has granted or denied the Government's motion.

   Inserted: (B) Duration of automatic stay.--An automatic stay under subparagraph (A) shall continue until the court enters an order granting or denying the Government's motion.

   Inserted: (C) Postponement.--The court, for good cause, may postpone an automatic stay under subparagraph (A) for not longer than 15 days.

   Inserted: (D) Orders blocking automatic stays.--Any order staying, suspending, delaying, or otherwise barring the effective date of the automatic stay described in subparagraph (A), other than an order to postpone the effective date of the automatic stay for not longer than 15 days under subparagraph (C), shall be--

   Inserted: (i) treated as an order refusing to vacate, modify, dissolve or otherwise terminate an injunction; and

   Inserted: (ii) immediately appealable under section 1292(a)(1) of title 28, United States Code.

   Inserted: (c) Settlements.--

   Inserted: (1) Consent decrees.--In any civil action pertaining to the administration or enforcement of the immigration laws of the United States, the court may not enter, approve, or continue a consent decree that does not comply with subsection (a).

   Inserted: (2) Private settlement agreements.--Nothing in this section shall preclude parties from entering into a private settlement agreement that does not comply with subsection (a) if the terms of that agreement are not subject to court enforcement other than reinstatement of the civil proceedings that the agreement settled.

   Inserted: (d) Expedited Proceedings.--It shall be the duty of every court to advance on the docket and to expedite the disposition of any civil action or motion considered under this section.

   Inserted: (e) Definitions.--In this section:

   Inserted: (1) Consent decree.--The term "consent decree"--

   Inserted: (A) means any relief entered by the court that is based in whole or in part on the consent or acquiescence of the parties; and

   Inserted: (B) does not include private settlements.

   Inserted: (2) Good cause.--The term "good cause" does not include discovery or congestion of the court's calendar.

   Inserted: (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.

   Inserted: (4) Permanent relief.--The term "permanent relief" means relief issued in connection with a final decision of a court.

   Inserted: (5) Private settlement agreement.--The term "private settlement agreement" means an agreement entered into among the parties that is not subject to judicial enforcement other than the reinstatement of the civil action that the agreement settled.

   Inserted: (6) Prospective relief.--The term "prospective relief" means temporary, preliminary, or permanent relief other than compensatory monetary damages.

   Inserted: SEC. 8003. EFFECTIVE DATE.

   Inserted: (a) In General.--This title shall apply with respect to all orders granting prospective relief in any civil action pertaining to the administration or enforcement of the immigration laws of the United States, whether such relief was ordered before, on, or after the date of the enactment of this Act.

   Inserted: (b) Pending Motions.--Every motion to vacate, modify, dissolve or otherwise terminate an order granting prospective relief in any such action, which motion is pending on the date of the enactment of this Act, shall be treated as if it had been filed on such date of enactment.

   Inserted: (c) Automatic Stay for Pending Motions.--

   Inserted: (1) In general.--An automatic stay with respect to the prospective relief that is the subject of a motion described in subsection (b) shall take effect without further order of the court on the date which is 10 days after the date of the enactment of this Act if the motion--

   Inserted: (A) was pending for 45 days as of the date of the enactment of this Act; and

   Inserted: (B) is still pending on the date which is 10 days after such date of enactment.

   Inserted: (2) Duration of automatic stay.--An automatic stay that takes effect under paragraph (1) shall continue until the court enters an order granting or denying the Government's motion under section 8002(b). There shall be no further postponement of the automatic stay with respect to any such pending motion under section 8002(b)(2). Any order, staying, suspending, delaying or otherwise barring the effective date of this automatic stay with respect to pending motions described in subsection (b) shall be an order blocking an automatic stay subject to immediate appeal under section 8002(b)(2)(D).

   Original wording

   On page 253, between lines 19 and 20, insert the following:

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As printed