Fairness in Immigration Litigation Act of 2006 - Prohibits any court from certifying an action as a class action under Rule 23 of the Federal Rules of Civil Procedure in any civil immigration action.
Sets forth the requirements under which a court may order prospective relief in such an action. Provides that preliminary injunctive relief shall expire 90 days after entry unless otherwise determined by the court.
Requires a court to promptly rule on any government motion to vacate, modify, dissolve, or otherwise terminate an order granting prospective relief in a civil immigration action. Provides for an automatic 15-day stay of the prospective relief order. Authorizes a court to enter an order to postpone for up to 15 days the effective date of an automatic stay.
Provides that: (1) whenever a higher court remands a decision on a motion to a lower court the order granting prospective relief that is the subject of the motion shall be automatically stayed until the district court grants or denies such motion; and (2) any order staying, suspending, delaying, or otherwise barring the effective date of an automatic stay, other than an order to postpone the effective date, shall be treated as an order refusing to vacate, modify, dissolve, or otherwise terminate an injunction and shall be appealable.
States that: (1) no court has jurisdiction to grant or continue an order affecting an expedited removal action against an alien; (2) upon the government's filing of a motion to vacate, modify, dissolve, or otherwise terminate an order granting prospective relief in a civil immigration action, the court involved shall determine whether it continues to have jurisdiction and shall vacate any order or part of a relief order that is not within its jurisdiction; and (3) sections (1) and (2) of this paragraph shall not apply to a relief order that was entered before the date of the enactment of this Act to remedy a violation of constitutional rights.
Sets forth consent decree and private settlement agreement provisions.
[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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
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