S. 1201

119 S1201 IS: Strengthening Immigration Procedures Act of 2025
 U.S. Senate
 2025-03-31
 text/xml
 EN
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 II  119th CONGRESS  1st Session  S. 1201  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.
1.
Short title
This Act may be cited as the   Strengthening Immigration Procedures Act of 2025  .
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.
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:
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.