Strengthening Immigration Procedures Act

Summary#

This bill would add a new Section 295 to the Immigration and Nationality Act. It lets an alien raise a claim that their prior lawyer performed poorly and that the poor performance prejudiced the immigration proceeding. The bill defines an "immigration matter" to include any stage of exclusion, deportation, or removal proceedings, collateral matters, motions to reopen or reconsider, and any matter before the Secretary of Homeland Security or the Attorney General. It defines "prejudice" as errors so serious that the person was deprived of a fair immigration proceeding. The bill's findings say the Strickland standard should apply and note concerns that a requirement to file bar complaints has chilled representation. The new section would apply to cases pending, started after enactment, or already fully decided before enactment.

What it means for you#

• If you are an alien involved in U.S. immigration processes, you may raise a claim that your prior counsel was ineffective under the new statutory procedure.
• The claim can cover many stages of immigration work, including removal proceedings and motions to reopen or reconsider.
• The claim requires showing both deficient performance by counsel and that the deficient performance prejudiced the outcome by denying a fair proceeding.

Expenses#

No publicly available information.

Proponents' View#

The bill's findings state that the right to effective counsel is part of the Fifth Amendment protections in immigration cases, that ineffective counsel can harm fairness, and that current practices (including a perceived requirement to file state bar complaints) have chilled representation and created barriers. The bill aims to set a clear statutory procedure and standard for evaluating ineffective-assistance claims.

Opponents' View#

No publicly available information.