(6) REQUIREMENTS FOR ORDER DENYING MO-
TION.—Subsection (b) shall apply to an order en-
tered by a court to deny a motion described in para-
graph (1) in the same manner that such subsection 
applies to a grant of prospective relief under such 
subsection. 
(d) RULES FOR PROSPECTIVE RELIEF AFFECTING 
EXPEDITED REMOVAL.— 
(1) IN GENERAL.—Notwithstanding any other 
provision of law (statutory or nonstatutory), includ-
ing section 2241 of Title 28, United States Code, or 
any other habeas provision, and sections 1361 and 
1651 of such title, no court has jurisdiction to grant 
or continue an order or part of an order granting 
prospective relief if the order or part of the order 
interferes with, affects, or impacts any determina-
tion pursuant to, or the implementation of, section 
235(b)(1) of the Immigration and Nationality Act (8 
U.S.C. 1225(b)(1)). 
(2) DETERMINATION OF CONTINUING JURISDIC-
TION.—Upon the Government’s filing of a motion to 
vacate, modify, dissolve, or otherwise terminate an 
order granting prospective relief in a civil action de-
scribed in subsection (b)(1)(A), the court involved 
shall promptly determine whether it continues to 
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have jurisdiction and shall promptly vacate any 
order or part of an order granting prospective relief 
that is not within the jurisdiction of the court. 
(3) SAFE HARBOR FOR CONTINUING PROSPEC-
TIVE RELIEF TO REMEDY VIOLATION OF CONSTITU-
TIONAL RIGHTS.—Paragraphs (1) and (2) shall not 
apply to an order granting prospective relief in a 
civil action described in subsection (b)(1)(A) to the 
extent that the order was entered before the date of 
the enactment of this Act and the prospective relief 
is necessary to remedy the violation of a right guar-
anteed by the Constitution of the United States. 
(e) SETTLEMENTS.— 
(1) CONSENT
DECREES.—In any civil action 
with respect to the administration or enforcement of 
the immigration laws of the United States, the court 
involved shall not enter, approve, or continue a con-
sent decree unless the decree complies with the re-
quirements under clauses (i) through (iv) of sub-
paragraph (A) of subsection (b)(1) and includes the 
written explanation required under subparagraph 
(B) of such subsection. 
(2) PRIVATE
SETTLEMENT
AGREEMENTS.— 
Nothing in this subsection shall preclude parties 
from entering into a private settlement agreement 
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that does not comply with the requirements under 
clauses (i) through (iv) of subparagraph (A) of sub-
section (b)(1) or that does not include the written 
explanation required under subparagraph (B) of 
such subsection. 
(f) EXPEDITED PROCEEDINGS.—Each court shall 
take measures to advance on the docket and to expedite 
the disposition of any civil action described in subsection 
(b)(1)(A) or motion described in subsection (c) or (d). 
(g) DEFINITIONS.—For purposes of this section: 
(1) CONSENT DECREE.—The term ‘‘consent de-
cree’’ means any relief entered by a court that is 
based in whole or in part on the consent or acquies-
cence of the parties involved but does not include 
private settlements. 
(2) GOOD
CAUSE.—The term ‘‘good cause’’ 
does not include any cause related to 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. 
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(5) PRIVATE SETTLEMENT AGREEMENT.—The 
term ‘‘private settlement agreement’’ means an 
agreement entered into among the parties involved 
that is not subject to judicial enforcement other than 
the reinstatement of the civil proceedings that the 
agreement settled. 
(6) PROSPECTIVE
RELIEF.—The term ‘‘pro-
spective relief’’ means temporary, preliminary, or 
permanent relief other than compensatory monetary 
damages. 
SEC. 3. SEVERABILITY. 
If any provision of this Act or the application of such 
provision to any person or circumstance is found to be un-
constitutional, the remainder of this Act and the applica-
tion of the provisions of such remainder of this Act to any 
person or circumstance shall not be affected by such find-
ing. 
SEC. 4. EFFECTIVE DATE. 
Except as otherwise provided under section 2(a), the 
provisions of this Act shall apply to all orders granting 
prospective relief entered by a court before, on, or after 
the date of the enactment of this Act. 
Æ 
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