Sec. 1574. Appropriate remedies for immigration litigation

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Except as provided in paragraph (2), no court may certify a class under Rule 23 of the Federal Rules of Civil Procedure in any civil action that— is filed after the date of the enactment of this Act; and pertains to the administration or enforcement of the immigration laws. A court may certify a class upon a motion by the Government if the Government is requesting such a certification to ensure efficiency in case management or uniformity in application of precedent decisions or interpretations of laws when there is a nationwide class.

If a court determines that prospective relief should be ordered against the Government in any civil action pertaining to the administration or enforcement of the immigration laws, the court shall— limit the relief to the minimum necessary to correct the violation of law; adopt the least intrusive means to correct the violation of law; minimize, to the greatest extent practicable, the adverse impact on national security, border security, immigration administration and enforcement, and public safety; and 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.

The requirements described in paragraph

(1)shall be discussed and explained in writing in the order granting prospective relief and shall be sufficiently detailed to allow review by another court. Preliminary injunctive relief granted under paragraph

(1)shall automatically expire on the date that is 90 days after the date on which such relief is entered, unless the court— finds that such relief meets the requirements described in subparagraphs

(A)through

(D)of paragraph

(1)for the entry of permanent prospective relief; and orders the preliminary relief to become a final order granting prospective relief before the expiration of such 90-day period. A court shall promptly rule on a motion made by the United States Government 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. A motion to vacate, modify, dissolve, or otherwise terminate an order granting prospective relief made by the United States Government in any civil action pertaining to the administration or enforcement of the immigration laws 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. An automatic stay under subparagraph

(A)shall continue until the court enters an order granting or denying the Government’s motion. The court, for good cause, may postpone an automatic stay under subparagraph

(A)for not longer than 15 days. Any order staying, suspending, delaying, or otherwise barring the effective date of the automatic stay described in subparagraph (A), other than an order to postpone the effective date of the automatic stay for not longer than 15 days under subparagraph (C)— shall be treated as an order refusing to vacate, modify, dissolve, or otherwise terminate an injunction; and shall be immediately appealable under section 1292(a)(1) of title 28, United States Code. 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 the requirements under subsection (b)(1). Nothing in this subsection may be construed to preclude parties from entering into a private settlement agreement that does not comply with subsection (b)(1). 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. In this section, the term consent decree — means any relief entered by the court that is based in whole or in part on the consent or acquiescence of the parties; and does not include private settlements.