This bill aims to amend the Immigration and Nationality Act by establishing a clear procedure and standards for evaluating claims of ineffective assistance of counsel in immigration matters. Congress finds that current requirements, such as mandatory bar complaints, create barriers to accessing counsel and hinder a fair process for aliens, departing from the *Strickland v. Washington* standard used in other legal contexts. The legislation proposes adding a new section, 295, to the Immigration and Nationality Act, allowing aliens to raise claims based on deficient counsel performance that prejudiced their immigration proceeding. An "immigration matter" is broadly defined to include all stages of exclusion, deportation, or removal proceedings, as well as applications for relief before Homeland Security or the Attorney General. This new framework will apply to any immigration case, regardless of its adjudication status, ensuring a consistent and fair approach to these critical claims.
Read twice and referred to the Committee on the Judiciary.
Immigration
Strengthening Immigration Procedures Act of 2025
USA119th CongressS-1201| Senate
| Updated: 3/31/2025
This bill aims to amend the Immigration and Nationality Act by establishing a clear procedure and standards for evaluating claims of ineffective assistance of counsel in immigration matters. Congress finds that current requirements, such as mandatory bar complaints, create barriers to accessing counsel and hinder a fair process for aliens, departing from the *Strickland v. Washington* standard used in other legal contexts. The legislation proposes adding a new section, 295, to the Immigration and Nationality Act, allowing aliens to raise claims based on deficient counsel performance that prejudiced their immigration proceeding. An "immigration matter" is broadly defined to include all stages of exclusion, deportation, or removal proceedings, as well as applications for relief before Homeland Security or the Attorney General. This new framework will apply to any immigration case, regardless of its adjudication status, ensuring a consistent and fair approach to these critical claims.