Strengthening Immigration Procedures Act of 2025
The Strengthening Immigration Procedures Act of 2025 would add a new section to the Immigration and Nationality Act (INA) that creates a formal, statutory path for asserting claims of ineffective assistance of counsel (IAC) in immigration matters. Grounded in the Strickland v. Washington standard used in other areas of law, the bill allows an alien to claim that their prior counsel’s performance was deficient and that this deficient performance prejudiced the immigration proceeding. The bill defines “immigration matter” broadly (including removal proceedings at any stage, motions to reopen or reconsider, and any matter before the Secretary of Homeland Security or the Attorney General), and it defines “prejudice” as errors so serious that they deprived the alien of a fair process. The amendment would add Section 295 to the INA, extending its reach to all cases regardless of whether they were pending, commenced, or finally adjudicated as of enactment. The purpose is to provide a clear procedure and standards for evaluating IAC claims and to address barriers in accessing effective counsel in immigration proceedings.
Key Points
- 1Establishes a new statutory claim: An alien may raise an IAC claim based on deficient performance by their prior counsel and prejudice to the immigration proceeding.
- 2Applies the Strickland standard: Prejudice means errors were so serious as to deprive the alien of a fair immigration proceeding; this aligns immigration IAC disputes with the standard used in other areas of law.
- 3Broad definition of “immigration matter”: Includes any stage of removal/exclusion proceedings, collateral issues, motions to reopen or reconsider, and any matter before the DHS Secretary or the Attorney General.
- 4Retroactive applicability: The amendment applies to immigration cases regardless of whether they were pending, commenced, or fully adjudicated before enactment.
- 5Policy purpose and findings: Addresses concerns that mandatory state bar complaints or current policy requirements create barriers to seeking relief for IAC, and asserts a right to effective counsel in immigration proceedings.