[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6095 Referred in Senate (RFS)]
109th CONGRESS
2d Session
H. R. 6095
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 21, 2006
Received; read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
AN ACT
To affirm the inherent authority of State and local law enforcement to
assist in the enforcement of immigration laws, to provide for effective
prosecution of alien smugglers, and 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 ``Immigration Law Enforcement Act of
2006''.
TITLE I--STATE AND LOCAL LAW ENFORCEMENT COOPERATION IN THE ENFORCEMENT
OF IMMIGRATION LAW ACT
SEC. 101. FEDERAL AFFIRMATION OF ASSISTANCE IN IMMIGRATION LAW
ENFORCEMENT BY STATES AND POLITICAL SUBDIVISIONS OF
STATES.
(a) In General.--Notwithstanding any other provision of law and
reaffirming the existing inherent authority of States, law enforcement
personnel of a State or a political subdivision of a State have the
inherent authority of a sovereign entity to investigate, identify,
apprehend, arrest, detain, or transfer to Federal custody aliens in the
United States (including the transportation of such aliens across State
lines to detention centers), for the purposes of assisting in the
enforcement of the immigration laws of the United States in the course
of carrying out routine duties. This State authority has never been
displaced or preempted by Congress.
(b) Construction.--Nothing in this section may be construed to
require law enforcement personnel of a State or political subdivision
of a State to--
(1) report the identity of a victim of, or a witness to, a
criminal offense to the Secretary of Homeland Security for
immigration enforcement purposes; or
(2) arrest such victim or witness for a violation of the
immigration laws of the United States.
TITLE II--ALIEN SMUGGLER PROSECUTION ACT
SEC. 201. EFFECTIVE PROSECUTION OF ALIEN SMUGGLERS.
(a) Findings.--The Congress finds as follows:
(1) Recent experience shows that alien smuggling is
flourishing, is increasingly violent, and is highly profitable.
(2) Alien smuggling operations also present terrorist and
criminal organizations with opportunities for smuggling their
members into the United States practically at will.
(3) Alien smuggling is a lucrative business. Each year,
criminal organizations that smuggle or traffic in persons are
estimated to generate $9,500,000,000 in revenue worldwide.
(4) Alien smuggling frequently involves dangerous and
inhumane conditions for smuggled aliens. Migrants are
frequently abused or exploited, both during their journey and
upon reaching the United States. Consequently, aliens smuggled
into the United States are at significant risk of physical
injury, abuse, and death.
(5) Notwithstanding that alien smuggling poses a risk to
the United States as a whole, uniform guidelines for the
prosecution of smuggling offenses are not employed by the
various United States attorneys. Understanding that border-area
United States attorneys face an overwhelming workload, a lack
of sufficient prosecutions by certain United States attorneys
has encouraged additional smuggling, and demoralized Border
Patrol officers charged with enforcing our anti-smuggling laws.
(b) Sense of Congress.--It is the sense of the Congress that the
Attorney General should adopt, not later than 3 months after the date
of the enactment of this Act, uniform guidelines for the prosecution of
smuggling offenses to be followed by each United States attorney in the
United States.
(c) Additional Personnel.--In each of the fiscal years 2008 through
2013, the Attorney General shall, subject to the availability of
appropriations, increase by not less than 20 the number of attorneys in
the offices of United States attorneys employed to prosecute cases
under section 274 of the Immigration and Nationality Act (8 U.S.C.
1324), as compared to the previous fiscal year.
TITLE III--ENDING CATCH AND RELEASE ACT OF 2006
SEC. 301. APPROPRIATE REMEDIES FOR IMMIGRATION LITIGATION.
(a) Requirements for an Order Granting Prospective Relief Against
the Government.--
(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--
(A) limit the relief to the minimum necessary to
correct the violation of law;
(B) adopt the least intrusive means to correct the
violation of law;
(C) minimize, to the greatest extent practicable,
the adverse impact on national security, border
security, immigration administration and enforcement,
and public safety; and
(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.
(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.
(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--
(A) makes the findings required under paragraph (1)
for the entry of permanent prospective relief; and
(B) makes the order final before expiration of such
90-day period.
(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.
(b) Procedure for Motion Affecting Order Granting Prospective
Relief Against the Government.--
(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.
(2) Automatic stays.--
(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.
(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.
(C) Postponement.--The court, for good cause, may
postpone an automatic stay under subparagraph (A) for
not longer than 15 days.
(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--
(i) treated as an order refusing to vacate,
modify, dissolve or otherwise terminate an
injunction; and
(ii) immediately appealable under section
1292(a)(1) of title 28, United States Code.
(c) Settlements.--
(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).
(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.
(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.
(e) Definitions.--In this section:
(1) Consent decree.--The term ``consent decree''--
(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
(B) does not include private settlements.
(2) Good cause.--The term ``good cause'' does not include
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 that is not subject to judicial enforcement other
than the reinstatement of the civil action that the agreement
settled.
(6) Prospective relief.--The term ``prospective relief''
means temporary, preliminary, or permanent relief other than
compensatory monetary damages.
SEC. 302. EFFECTIVE DATE.
(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.
(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.
(c) Automatic Stay for Pending Motions.--
(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--
(A) was pending for 45 days as of the date of the
enactment of this Act; and
(B) is still pending on the date which is 10 days
after such date of enactment.
(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 301(b). There shall be no further postponement of
the automatic stay with respect to any such pending motion
under section 301(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 301(b)(2)(D).
Passed the House of Representatives September 21, 2006.
Attest:
KAREN L. HAAS,
Clerk.