[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4683 Introduced in Senate (IS)]

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118th CONGRESS
  2d Session
                                S. 4683

 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

                July 11 (legislative day, July 10), 2024

  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 2024''.

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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