Effective Immigration Enforcement and Community Protection Act of 2006

Bill: 109-hr-6090
Sponsor: Rep. Sensenbrenner, F. James, Jr. [R-WI-5]
Introduced: 2006-09-15 in the House
Policy area: Immigration
Subjects: Administrative remedies
Aliens
Appellate procedure
Armed Forces and National Security
Automobile theft
Burglary
Civil actions and liability
Civil procedure
Congress
Congressional oversight
Congressional reporting requirements
Consent decrees
Conspiracy
Court records
Crime and Law Enforcement
Criminal aliens
Department of Justice
Deportation
Detention of persons
Drug abuse
Drug traffic
Explosives
Firearms
Gangs
Government Operations and Politics
Government liability
Identity theft
Illegal aliens
Imprisonment
Injunctions
Judicial review
Larceny
Law
Legislation
Money laundering
Obstruction of justice
Organized crime
Right of asylum
Smuggling
Transportation and Public Works
Violence

Summary:
action_date: 2006-09-15
text: 
Effective Immigration Enforcement and Community Protection Act of 2006 - States that if a court determines that prospective relief should be ordered against the government in any civil immigration action the court shall: (1) limit the relief to the minimum necessary to correct the violation; (2) adopt the least intrusive means to correct the violation; (3) minimize, to the greatest extent practicable, the adverse impact on national security, border security, immigration administration and enforcement, and public safety; and (4) provide for relief expiration on a specific date which is not later than the earliest date necessary for the government to remedy the violation. 
 
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, or otherwise terminate a prospective relief order 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 an automatic stay's effective date for up to 15 days. 
 
Provides that any order staying, suspending, delaying, or otherwise barring an automatic stay's effective date, other than an order to postpone the effective date for up to 15 days, shall be treated as an order refusing to vacate, modify, or otherwise terminate an injunction and shall be appealable. 
 
Prohibits a court in a civil immigration action from entering, approving, or continuing a consent decree that does not comply with the prospective relief requirements under this section. 
 
Permits private settlement agreements not complying with the requirements for an order granting prospective relief against the government if the terms of the agreement are not subject to court enforcement other than reinstatement of the civil proceedings that the agreement settled. 
 
Amends the Immigration and Nationality Act to make an alien inadmissible for U.S. entry if: (1) such alien has been deported for criminal street gang participation; or (2) the consular officer or the Secretary of Homeland Security knows or has reasonable grounds to believe that such alien is a member of a criminal street gang seeking U.S. entry in furtherance of gang-related crimes or activities or is a member of a designated criminal street gang. 
 
Defines: (1) criminal street gang; and (2) gang crime. 
 
Makes an alien deportable who: (1) is a street gang member convicted of committing or attempting to commit a gang crime; or (2) is determined by the Secretary to be a member of a designated criminal street gang. 
 
Authorizes the Attorney General to designate a group or association as a criminal street gang. Requires the Attorney General to provide specified congressional leaders with prior notice of, and the factual basis for, such designation. 
 
Provides for revocation of such designation by: (1) an Act of Congress; (2) the Attorney General's review based upon changed circumstances or national security; or (3) judicial appeal or petition to the Attorney General by a gang or association so designated. 
 
Requires mandatory detention of aliens subject to removal based upon criminal street gang membership. 
 
Makes such aliens ineligible for asylum and protection from removal to certain countries.


Legislative actions:
action_date: 2006-09-15
text: Referred to the House Committee on the Judiciary.
action_date: 2006-09-15
text: Introduced in House
action_date: 2006-09-15
text: Introduced in House