S.Amdt. 3788

1. Inserts new text on page 253, between lines 19 and 20

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   Inserted: IMMIGRATION INJUNCTION REFORM

   Inserted: Sec. 7032. (a) Short Title.--This section may be cited as the "Fairness in Immigration Litigation Act of 2006".

   Inserted: (b) Appropriate Remedies for Immigration Legislation.--

   Inserted: (1) Limitation on civil actions.--No court may certify a class under Rule 23 of the Federal Rules of Civil Procedure in any civil action filed after the date of enactment of this Act pertaining to the administration or enforcement of the immigration laws of the United States.

   Inserted: (2) Requirements for an order granting prospective relief against the government.--

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

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

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

   Inserted: (iv) provide for the expiration of the relief on a specific date, which allows for the minimum practical time necessary to remedy the violation.

   Inserted: (B) Written explanation.--The requirements described in subparagraph (A) shall be--

   Inserted: (i) discussed and explained in writing in the order granting prospective relief; and

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   Inserted: (ii) sufficiently detailed to allow review by another court.

   Inserted: (C) 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--

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

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

   Inserted: (D) Requirements for order denying motion.--This paragraph 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: (3) Procedure for motion affecting order granting prospective relief against the government.--

   Inserted: (A) 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: (B) Automatic stays.--

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

   Inserted: (iii) Postponement.--The court, for good cause, may postpone an automatic stay under clause (i) for not longer than 15 days. No further postponement of any such automatic stay pursuant to this paragraph shall be available under this subparagraph.

   Inserted: (iv) Automatic stays during remands from higher courts.--If a higher court orders that a decision on a motion subject to this subsection 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 Government's motion.

   Inserted: (v) Orders blocking automatic stays.--Any order staying, suspending, delaying, or otherwise barring the effective date of the automatic stay described in clause (i), other than an order to postpone the effective date of the automatic stay for not longer than 15 days under clause (iii), 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) Motions.--

   Inserted: (i) In general.--For purposes of this paragraph, any motion pending for not more than 45 days on the date of enactment of this Act shall be treated as if it had been filed on such date of enactment.

   Inserted: (ii) Motions pending for more than 45 days.--Every 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 which has been pending for more than 45 days as of the date of enactment of this Act, and remains pending on the 10th day following such date of enactment, shall result in an automatic stay, without further order of the court, of the prospective relief that is the subject of any such motion.

   Inserted: (4) Additional rules concerning prospective relief affecting expedited removal.--

   Inserted: (A) Jurisdiction.--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 implementation of, section 235(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1225(b)(1)).

   Inserted: (B) Effect of government motion.--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 paragraph (2), the court shall promptly decide 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.

   Inserted: (C) Exception.--Subparagraphs (A) and (B) shall not apply to the extent that--

   Inserted: (i) an order granting prospective relief was entered before the date of enactment of this Act; and

   Inserted: (ii) the prospective relief is necessary to remedy the violation of a right guaranteed by the United States Constitution.

   Inserted: (5) Settlements.--

   Inserted: (A) 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 paragraph (2).

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

   Inserted: (6) 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 subsection.

   Inserted: (7) Definitions.--In this subsection:

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

   Inserted: (i) 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: (ii) does not include private settlements.

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

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

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

   Inserted: (c) Application of Amendment.--This section 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: (d) Severability.--If any provision of this section or the application of such provision to any person or circumstance is found to be unconstitutional, the remainder of this section and the application of the provisions of such to any person or circumstance shall not be affected thereby.

   Original wording

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

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