To amend the Immigration and Nationality Act to provide for claims of ineffective assistance of counsel in immigration matters, and for other purposes.
About This Bill
Committee
Latest Action · July 11, 2024
Read twice and referred to the Committee on the Judiciary.
The Strengthening Immigration Procedures Act of 2024 would create a formal legal process allowing immigrants to challenge their legal representation in immigration cases based on ineffective assistance of counsel. Currently, immigration law requires immigrants claiming inadequate legal help to first file complaints with state bar associations before seeking relief, a requirement unique to immigration matters and not applied in other areas of law. This bill would instead apply the same legal standard used in criminal cases, known as the Strickland standard, which requires showing that an attorney's performance was seriously deficient and harmed the outcome of the case. The legislation would apply to all immigration proceedings, including removal cases and applications for immigration benefits, and would take effect immediately for pending cases, new cases, and even cases already decided. The bill addresses concerns that the current bar complaint requirement discourages immigration attorneys from taking cases and creates additional obstacles for immigrants seeking fair legal proceedings.
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