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Strengthening Immigration Procedures Act of 2025
To amend the Immigration and Nationality Act to provide for claims of ineffective assistance of counsel in immigration matters, and for other purposes.
Summary
This bill amends the Immigration and Nationality Act to establish a procedure for claiming ineffective assistance of counsel in immigration matters. It removes the current requirement that aliens first file bar complaints before seeking relief, and instead applies the same legal standard used in criminal cases—requiring proof that counsel's performance was deficient and prejudiced the immigration proceeding. The law would apply to all immigration cases, including those already pending or completed.
AI-generated plain-language summary of the bill text — neutral, and may be imperfect. See the full text below for the exact wording.
Sponsor (1)
Actions (2)
- Mar 31, 2025 Read twice and referred to the Committee on the Judiciary. · senate
- Mar 31, 2025 Introduced in Senate
Similar bills (6)
Bills with similar text or summary — includes reintroductions across Congresses. Ranked by semantic similarity of the bill text (computed locally); a neutral discovery aid, not a claim the bills are duplicates.
Full text
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. <all>
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