[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1201 Introduced in Senate (IS)]
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119th CONGRESS
1st Session
S. 1201
To amend the Immigration and Nationality Act to provide for claims of
ineffective assistance of counsel in immigration matters, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 31, 2025
Mr. Murphy introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Immigration and Nationality Act to provide for claims of
ineffective assistance of counsel in immigration matters, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strengthening Immigration Procedures
Act of 2025''.
SEC. 2. FINDINGS; PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) Consistent with the Fifth Amendment to the Constitution
of the United States, an alien has the right to effective
counsel in removal proceedings and in pursuing applications for
discretionary and nondiscretionary immigration relief and
benefits in the United States.
(2) Effective counsel must be competent counsel if it is to
be meaningful, and aliens do not always receive effective
counsel.
(3) Board of Immigration Appeals precedent and Department
of Justice and Department of Homeland Security policy has been
interpreted to require aliens who have been victims of
ineffective assistance of counsel, to file official complaints
with State bar associations before seeking further relief under
the immigration laws (as defined in section 101(a) of the
Immigration and Nationality Act (8 U.S.C. 1101(a))).
(4) A mandatory filing of a bar complaint is unique to the
application of immigration laws.
(5) Consequently, such requirement--
(A) has had a chilling effect on immigration
attorneys;
(B) acts as a barrier to access to counsel for
aliens in need of representation in immigration
matters; and
(C) results in additional obstacles aliens must
overcome to access a full and fair process in
immigration proceedings.
(6) In every other matter, the standard set forth in
Strickland v. Washington, 466 U.S. 668 (1984), is the standard
used to assess an ineffective assistance of counsel claim;
therefore, the same standard should apply to immigration
matters.
(b) Purpose.--The purpose of this Act is to set forth a procedure
and associated standards for the evaluation of ineffective assistance
of counsel claims in immigration matters.
SEC. 3. CLAIMS OF INEFFECTIVE ASSISTANCE OF COUNSEL IN IMMIGRATION
MATTERS.
(a) In General.--Chapter 9 of title II of the Immigration and
Nationality Act (8 U.S.C. 1351 et seq.) is amended by adding at the end
the following:
``SEC. 295. CLAIMS OF INEFFECTIVE ASSISTANCE OF COUNSEL.
``(a) In General.--With respect to any immigration matter, an alien
may raise a claim of ineffective assistance of counsel based on a claim
that--
``(1) the performance of the alien's prior counsel with
respect to such immigration matter was deficient; and
``(2) such deficient performance prejudiced the immigration
proceeding.
``(b) Definitions.--In this section:
``(1) Immigration matter.--The term `immigration matter'
means, any stage of an exclusion, deportation, or removal
proceeding, including a collateral matter, a motion to reopen
or reconsider, and any matter concerning an alien pending
before the Secretary of Homeland Security or the Attorney
General.
``(2) Prejudice.--The term `prejudice' means, with respect
to counsel of an alien, the errors of such counsel were so
serious as to deprive the alien of a fair immigration
proceeding.''.
(b) Clerical Amendment.--The table of contents for the Immigration
and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting
after the item relating to section 294 the following:
``Sec. 295. Claims of ineffective assistance of counsel.''.
(c) Effective Date.--The amendment made by this section shall apply
with respect to any immigration case or proceeding regardless of
whether such case or proceeding is--
(1) pending as of the date of the enactment of this Act;
(2) commenced after such date of enactment; or
(3) fully adjudicated before such date of enactment.
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