HR 5541 · 109th Congress 2005–2007, ended

Fairness in Immigration Litigation Act of 2006

Fact sheet

Latest action · Jun 7, 2006 Referred to the House Committee on the Judiciary.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

  1. IntroducedJun 7, 2006
  2. Passed HouseNot reached
  3. Passed SenateNot reached
  4. To the PresidentNot reached
  5. Became lawNot reached

Summary

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.

Cosponsors 24

Members who signed on, in the order they did. Signatures ran from Jun 7, 2006 to Sep 28, 2006, with 20 there on the day it was introduced.

SeatCosponsorSigned on
R-TXJeb HensarlingOriginalJun 7, 2006
R-TXJoe BartonOriginalJun 7, 2006
R-TXJohn Abney CulbersonOriginalJun 7, 2006
R-TXJohn R. CarterOriginalJun 7, 2006
R-CAJohn T. DoolittleOriginalJun 7, 2006
R-TXK. Michael ConawayOriginalJun 7, 2006
R-TXKay GrangerOriginalJun 7, 2006
R-TXKenny MarchantOriginalJun 7, 2006
R-TXKevin BradyOriginalJun 7, 2006
R-TXLamar SmithOriginalJun 7, 2006
R-TXLouie GohmertOriginalJun 7, 2006
R-TXMac ThornberryOriginalJun 7, 2006
R-TXMichael C. BurgessOriginalJun 7, 2006
R-TXMichael T. McCaulOriginalJun 7, 2006
R-TXPete SessionsOriginalJun 7, 2006

Actions 2

Everything that happened, newest first.

  1. Jun 7, 2006Introduced in House
  2. Jun 7, 2006Referred to the House Committee on the Judiciary.

Subjects

Assigned by the Library of Congress. Policy area: Immigration.

Text 1

Each version as it was printed, newest first.

  1. Jun 7, 2006Introduced in House

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov.