S.Amdt. 852

1. Adds SEC. __. APPROPRIATE REMEDIES FOR IMMIGRATION LITIGATION at the end of the bill

   Adds a section

   In S. 372 · Reported to Senate

   (2) Section 207(a)(2)(B) of the Legislative Branch Appropriations Act, 1993 (44 U.S.C. 501 note) is amended by striking "National Imagery and Mapping Agency" and inserting "National Geospatial- Intelligence Agency".

   Inserted: SEC. __. APPROPRIATE REMEDIES FOR IMMIGRATION LITIGATION.

   Inserted: (a) Limitation on Class Actions.--No court may certify a class under rule 23 of the Federal Rules of Civil Procedure in any civil action that--

   Inserted: (1) is filed after the date of the enactment of this Act; and

   Inserted: (2) pertains to the administration or enforcement of the immigration laws of the United States.

   Inserted: (b) Prospective Relief Against the Government.--

   Inserted: (1) In general.--If a Federal court determines that a plaintiff should be awarded prospective relief to remedy a violation of the Government in a 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) design the relief as the least intrusive means to correct the violation;

   Inserted: (C) design the relief in a manner to minimize, to the greatest extent practicable, the adverse impact of such relief on the national security, border security, ability to administer and enforce the immigration laws, and public safety of the United States; and

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

   Inserted: (2) Written explanation.--A court granting prospective relief for a violation described in paragraph (1) shall issue a written order granting the relief and include in the order a discussion of the manner in which the relief is designed to meet the requirements of subparagraphs (A) through (D) of paragraph (1) and shall be sufficiently detailed to allow review by another court.

   Inserted: (3) Expiration of preliminary injunctive relief.--Preliminary injunctive relief ordered by a court in a case related to the immigration laws of the United States shall automatically expire on the date that is 90 days after the date on which such relief is entered, unless the court finds that such relief meets the requirements described in subparagraphs (A) through (D) of paragraph (1) for the entry of permanent prospective relief and orders the preliminary relief to become a final order granting prospective relief prior to the expiration of the 90-day period.

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

   Inserted: (1) In general.--A court shall promptly rule on a motion made by the Government 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.--A motion to vacate, modify, dissolve, or otherwise terminate an order granting prospective relief made by the Government 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 date on which the court enters an order granting or denying the Government's motion.

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

   Inserted: (D) Pending motions.--

   Inserted: (i) Motions pending for 45 days or less.--A 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 that has been pending for not more than 45 days on the date of the enactment of this Act shall be treated as if the motion had been filed on the date of the enactment of this Act for purposes of this subsection.

   Inserted: (ii) Motions pending for more than 45 days.--

   Inserted: (I) In general.--A 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 that has been pending for more than 45 days on the date of the enactment of this Act, and remains pending 10 days after the date of the enactment of this Act, shall result in an automatic stay, without further order of the court, of the prospective relief that is the subject of the motion.

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

   Inserted: (III) Postponement.--An automatic stay under this clause may not be postponed under subparagraph (C).

   Inserted: (E) Automatic stays during remands from higher courts.--If a United States court of appeals orders a decision on a 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 to be remanded to a district court, the order granting prospective relief which is the subject of the motion shall be automatically stayed until the district court enters an order granting or denying the motion.

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

   Inserted: (3) Requirements for order denying motion.--Subsection (b) shall apply to any order denying a motion made by the Government 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: (d) Additional Rules Concerning Prospective Relief Affecting Expedited Removal.--

   Inserted: (1) Jurisdiction over orders interfering with the inspection of aliens arriving in the united states.--Notwithstanding any other provision of law (statutory or nonstatutory), including section 2241 of title 28, United States Code, or any other habeas corpus provision and sections 1361 and 1651 of such title, no court shall have 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)), except as expressly provided in section 242(e) of such Act (8 U.S.C. 1252(e)).

   Inserted: (2) Determination of jurisdiction.--If the Government files a motion to vacate, modify, dissolve, or otherwise terminate an order granting prospective relief in a civil action pertaining to the administration or enforcement of the immigration laws of the United States, the court shall promptly determine whether the court 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: (3) Applicability.--Paragraphs (1) and (2) shall not apply to an order granting prospective relief that was entered before the date of the enactment of this Act if the prospective relief granted by such order was necessary to remedy the violation of a right guaranteed by the Constitution of the United States.

   Inserted: (e) 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 shall not enter, approve, or continue a consent decree unless it complies with the requirements of subsection (b).

   Inserted: (2) Private settlement agreements.--Nothing in this section shall preclude parties from entering into a private settlement agreement that does not comply with the requirements of subsection (b).

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

   Inserted: (1) Consent decree.--The term "consent decree" means any relief entered by the court that is based in whole or in part on the consent or acquiescence of the parties, but does not include private settlement agreements.

   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 by the parties that is not subject to judicial enforcement other than the reinstatement of the civil action of the claim resolved by such agreement.

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

   Inserted: (g) 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 subject to the provisions of this section.

   Inserted: (h) Effective Date.--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: (i) 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 this section to any person or circumstance shall not be affected by such finding.

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