119-s1201

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1201 Introduced in Senate

    (IS) ]

<DOC>

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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