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(D) 
ORDERS
BLOCKING
AUTOMATIC 
STAYS.—Any order staying, suspending, delay-
ing, or otherwise barring the effective date of 
the automatic stay described in subparagraph 
(A), other than an order to postpone the effec-
tive date of the automatic stay for not longer 
than 15 days under subparagraph (C), shall 
be— 
(i) treated as an order refusing to va-
cate, modify, dissolve or otherwise termi-
nate an injunction; and 
(ii) immediately appealable under sec-
tion 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 
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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 de-
cree’’— 
(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 with-
in the scope of official duties. 
(4) PERMANENT RELIEF.—The term ‘‘perma-
nent relief’’ means relief issued in connection with a 
final decision of a court. 
(5) PRIVATE SETTLEMENT AGREEMENT.—The 
term ‘‘private settlement agreement’’ means an 
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agreement entered into among the parties that is not 
subject to judicial enforcement other than the rein-
statement of the civil action that the agreement set-
tled. 
(6) PROSPECTIVE
RELIEF.—The term ‘‘pro-
spective 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 im-
migration 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 enact-
ment. 
(c) AUTOMATIC STAY FOR PENDING MOTIONS.— 
(1) IN GENERAL.—An automatic stay with re-
spect to the prospective relief that is the subject of 
a motion described in subsection (b) shall take effect 
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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 auto-
matic stay that takes effect under paragraph (1) 
shall continue until the court enters an order grant-
ing or denying the Government’s motion under sec-
tion 301(b). There shall be no further postponement 
of the automatic stay with respect to any such pend-
ing motion under section 301(b)(2). Any order, stay-
ing, 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 im-
mediate appeal under section 301(b)(2)(D). 
Passed the House of Representatives September 21, 
2006. 
Attest: 
KAREN L. HAAS, 
Clerk. 
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