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 smug-
glers, and to reform immigration litigation procedures.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Immigration Law En-
forcement Act of 2006’’. 
TITLE I—STATE AND LOCAL LAW 
ENFORCEMENT 
COOPERA-
TION IN THE ENFORCEMENT 
OF IMMIGRATION LAW ACT 
SEC. 101. FEDERAL AFFIRMATION OF ASSISTANCE IN IMMI-
GRATION LAW ENFORCEMENT BY STATES 
AND POLITICAL SUBDIVISIONS OF STATES. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law and reaffirming the existing inherent authority 
of States, law enforcement personnel of a State or a polit-
ical subdivision of a State have the inherent authority of 
a sovereign entity to investigate, identify, apprehend, ar-
rest, 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 wit-
ness to, a criminal offense to the Secretary of Home-
land 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 SMUG-
GLERS. 
(a) FINDINGS.—The Congress finds as follows: 
(1) Recent experience shows that alien smug-
gling is flourishing, is increasingly violent, and is 
highly profitable. 
(2) Alien smuggling operations also present ter-
rorist 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 dan-
gerous 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 in-
jury, 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 attor-
neys. Understanding that border-area United States 
attorneys face an overwhelming workload, a lack of 
sufficient prosecutions by certain United States at-
torneys has encouraged additional smuggling, and 
demoralized Border Patrol officers charged with en-
forcing 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 smug-
gling offenses to be followed by each United States attor-
ney in the United States. 
(c) ADDITIONAL PERSONNEL.—In each of the fiscal 
years 2008 through 2013, the Attorney General shall, sub-
ject 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 PRO-
SPECTIVE RELIEF AGAINST THE GOVERNMENT.—
(1) IN GENERAL.—If a court determines that 
prospective relief should be ordered against the Gov-
ernment in any civil action pertaining to the admin-
istration or enforcement of the immigration laws of 
the United States, the court shall—
(A) limit the relief to the minimum nec-
essary to correct the violation of law; 
(B) adopt the least intrusive means to cor-
rect the violation of law; 
(C) minimize, to the greatest extent prac-
ticable, 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 require-
ments described in paragraph (1) shall be discussed 
and explained in writing in the order granting pro-
spective relief and must be sufficiently detailed to 
allow review by another court. 
(3) EXPIRATION OF PRELIMINARY INJUNCTIVE 
RELIEF.—Preliminary injunctive relief shall auto-
matically 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 pro-
spective relief; and 
(B) makes the order final before expiration 
of such 90-day period. 
(4) REQUIREMENTS FOR ORDER DENYING MO-
TION.—This subsection shall apply to any order de-
nying 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 GOVERN-
MENT.—