I 
109TH CONGRESS 
2D SESSION 
H. R. 6090 
To reform immigration litigation procedures and combat alien gang crime. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 15, 2006 
Mr. SENSENBRENNER introduced the following bill; which was referred to the 
Committee on the Judiciary 
A BILL 
To reform immigration litigation procedures and combat 
alien gang crime. 
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 ‘‘Effective Immigration 
Enforcement and Community Protection Act of 2006’’. 
TITLE I—ENDING CATCH AND 
RELEASE ACT OF 2006 
SEC. 101. APPROPRIATE REMEDIES FOR IMMIGRATION 
LEGISLATION. 
(a) REQUIREMENTS FOR AN ORDER GRANTING PRO-
SPECTIVE RELIEF AGAINST THE GOVERNMENT.— 
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(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 subparagraph (A) shall be dis-
cussed and explained in writing in the order grant-
ing prospective relief and must be sufficiently de-
tailed 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 
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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.— 
(1) IN GENERAL.—A court shall promptly rule 
on the Government’s motion to vacate, modify, dis-
solve or otherwise terminate an order granting pro-
spective relief in any civil action pertaining to the 
administration or enforcement of the immigration 
laws of the United States. 
(2) AUTOMATIC STAYS.— 
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(A) IN GENERAL.—The Government’s mo-
tion to vacate, modify, dissolve, or otherwise 
terminate an order granting prospective relief 
made in any civil action pertaining to the ad-
ministration 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 grant-
ing 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, 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 
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