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H.R. 6095 (109th): Immigration Law Enforcement Act of 2006


The text of the bill below is as of Sep 21, 2006 (Passed the House). The bill was not enacted into law.


HR 6095 EH

109th CONGRESS

2d Session

H. R. 6095

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:

Clerk.

109th CONGRESS

2d Session

H. R. 6095

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.