S. 1201: Strengthening Immigration Procedures Act of 2025

This bill, titled the Strengthening Immigration Procedures Act of 2025, aims to amend the Immigration and Nationality Act to establish clearer and more equitable procedures for individuals claiming ineffective assistance of counsel in immigration proceedings. Here are the core components of what the bill would do:

Findings

The bill articulates several findings regarding the current immigration system, including:

• Individuals (aliens) have a constitutional right to effective legal counsel during immigration proceedings.
• Many aliens do not receive competent legal representation, which can hinder their ability to navigate the system effectively.
• Current procedures require individuals who believe they have received ineffective counsel to file complaints with State bar associations, which complicates their access to justice.
• This requirement is not standard in other legal contexts and can deter attorneys from representing aliens, creating additional barriers for those seeking legal assistance.
• The bill proposes to apply the same legal standards used in other court cases (as outlined in the case Strickland v. Washington) to immigration matters.

Purpose

The purpose of the bill is to establish clear procedures and standards for assessing claims of ineffective assistance of counsel in immigration cases, ensuring that these individuals have a fair opportunity to seek relief.

Claims of Ineffective Assistance of Counsel

The bill specifies that in any immigration matter, an individual may claim ineffective assistance of counsel if they can demonstrate two key points:

1. The prior attorney’s performance was deficient.
2. This deficiency negatively impacted the outcome of the immigration proceeding.

Definitions

The bill defines key terms to clarify what constitutes an "immigration matter" and "prejudice." An "immigration matter" refers to any part of the legal process related to exclusion, deportation, or removal of an individual from the U.S. "Prejudice" means that due to the errors made by an attorney, the individual was denied a fair proceeding.

Clerical Amendments

The bill also includes technical amendments to the table of contents of the Immigration and Nationality Act to reflect the new provisions regarding ineffective assistance of counsel.

Effective Date

Provisions of the bill would apply to all immigration cases, whether they are currently pending, commenced after the enactment of the bill, or fully resolved before its enactment.

Relevant Companies

None found.