II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Strengthening Immi5 gration Procedures Act of 2024’’. 

6 SEC. 2. FINDINGS; PURPOSE. 

7 (a) FINDINGS.—Congress makes the following find8 ings: 


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1 (1) Consistent with the Fifth Amendment to 

2 the Constitution of the United States, an alien has 

3 the right to effective counsel in removal proceedings 

4 and in pursuing applications for discretionary and 

5 nondiscretionary immigration relief and benefits in 

6 the United States. 

7 (2) Effective counsel must be competent counsel 

8 if it is to be meaningful, and aliens do not always 

9 receive effective counsel. 

10 (3) Board of Immigration Appeals precedent 

11 and Department of Justice and Department of 

12 Homeland Security policy has been interpreted to re13 quire aliens who have been victims of ineffective as14 sistance of counsel, to file official complaints with 

15 State bar associations before seeking further relief 

16 under the immigration laws (as defined in section 

17 101(a) of the Immigration and Nationality Act (8 

18 U.S.C. 1101(a))). 

19 (4) A mandatory filing of a bar complaint is 

20 unique to the application of immigration laws. 

21 (5) Consequently, such requirement— 

22 (A) has had a chilling effect on immigra23 tion attorneys; 


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1 (B) acts as a barrier to access to counsel 

2 for aliens in need of representation in immigra3 tion matters; and 

4 (C) results in additional obstacles aliens 

5 must overcome to access a full and fair process 

6 in immigration proceedings. 

7 (6) In every other matter, the standard set 

8 forth in Strickland v. Washington, 466 U.S. 668 

9 (1984), is the standard used to assess an ineffective 

10 assistance of counsel claim; therefore, the same 

11 standard should apply to immigration matters. 

12 (b) PURPOSE.—The purpose of this Act is to set forth 

13 a procedure and associated standards for the evaluation 

14 of ineffective assistance of counsel claims in immigration 

15 matters. 

16 SEC. 3. CLAIMS OF INEFFECTIVE ASSISTANCE OF COUNSEL 

17 IN IMMIGRATION MATTERS. 

18 (a) IN GENERAL.—Chapter 9 of title II of the Immi19 gration and Nationality Act (8 U.S.C. 1351 et seq.) is 

20 amended by adding at the end the following: 

21 ‘‘SEC. 295. CLAIMS OF INEFFECTIVE ASSISTANCE OF COUN22 SEL. 

23 ‘‘(a) IN GENERAL.—With respect to any immigration 

24 matter, an alien may raise a claim of ineffective assistance 

25 of counsel based on a claim that— 


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1 ‘‘(1) the performance of the alien’s prior coun2 sel with respect to such immigration matter was de3 ficient; and 

4 ‘‘(2) such deficient performance prejudiced the 

5 immigration proceeding. 

6 ‘‘(b) DEFINITIONS.—In this section: 

7 ‘‘(1) IMMIGRATION MATTER.—The term ‘immi8 gration matter’ means, any stage of an exclusion, 

9 deportation, or removal proceeding, including a col10 lateral matter, a motion to reopen or reconsider, and 

11 any matter concerning an alien pending before the 

12 Secretary of Homeland Security or the Attorney 

13 General. 

14 ‘‘(2) PREJUDICE.—The term ‘prejudice’ means, 

15 with respect to counsel of an alien, the errors of 

16 such counsel were so serious as to deprive the alien 

17 of a fair immigration proceeding.’’. 

18 (b) CLERICAL AMENDMENT.—The table of contents 

19 for the Immigration and Nationality Act (8 U.S.C. 1101 

20 et seq.) is amended by inserting after the item relating 

21 to section 294 the following: 

‘‘Sec. 295. Claims of ineffective assistance of counsel.’’. 

22 (c) EFFECTIVE DATE.—The amendment made by 

23 this section shall apply with respect to any immigration 

24 case or proceeding regardless of whether such case or pro25 ceeding is— 


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1 (1) pending as of the date of the enactment of 

2 this Act; 

3 (2) commenced after such date of enactment; or 

4 (3) fully adjudicated before such date of enact5 ment. 

Æ 


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