,,ii  #aaith ,,congress  #ast ,session  
,s4 #abja  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,march #ca1    
#bjbe,mr4 ,murphy introduced the        
following bill2 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    
matters1 and for other purposes4  #a4   
,short title ,this ,act may be cited as 
the ,strengthening ,immigration         
,procedures ,act of #bjbe4  #b4         
,findings2 purpose  7a7 ,findings       
,congress makes the following findings3 
7#a7 ,consistent with the ,fifth        
,amendment to the ,constitution of the  
,united ,states1 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 ,states4  7#b7 ,effective       
counsel must be competent counsel if it 

is to be meaningful1 and aliens do not  
always receive effective counsel4  7#c7 
,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 counsel1 to   
file official complaints with ,state bar
 associations before seeking further    
relief under the immigration laws 7as   
defined in section #aja7;a7 of the      
,immigration and ,nationality ,act 7#h  
,u4,s4,c4 #aaja7;a7774  7#d7 ,a         
mandatory filing of a bar complaint is  
unique to the application of immigration
 laws4  7#e7 ,consequently1 such        
requirement-- 7,a7 has had a chilling   
effect on immigration attorneys2  7,b7  
acts as a barrier to access to counsel  
for aliens in need of representation in 
immigration matters2 and  7,c7 results  
in additional obstacles aliens must     
overcome to access a full and fair      
process in immigration proceedings4     

7#f7 ,in every other matter1 the        
standard set forth in ,strickland v4    
,washington1 #dff ,u4,s4 #ffh 7#aihd71  
is the standard used to assess an       
ineffective assistance of counsel claim2
 therefore1 the same standard should    
apply to immigration matters4  7b7      
,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 matters4  #c4 ,claims of
 ineffective assistance of counsel in   
immigration matters  7a7 ,in general    
,chapter #i of title ,,ii of the        
,immigration and ,nationality ,act 7#h  
,u4,s4,c4 #acea et seq47 is amended by  
adding at the end the following3  #bie4 
,claims of ineffective assistance of    
counsel  7a7 ,in general ,with respect  
to any immigration matter1 an alien may 
raise a claim of ineffective assistance 
of counsel based on a claim that-- 7#a7 
the performance of the alien's prior    
counsel with respect to such immigration

 matter was deficient2 and  7#b7 such   
deficient performance prejudiced the    
immigration proceeding4  7b7            
,definitions ,in this section3 7#a7     
,immigration matter ,the term           
immigration matter means1 any stage of  
an exclusion1 deportation1 or removal   
proceeding1 including a collateral      
matter1 a motion to reopen or           
reconsider1 and any matter concerning an
 alien pending before the ,secretary of 
,homeland ,security or the ,attorney    
,general4  7#b7 ,prejudice ,the term    
prejudice means1 with respect to counsel
 of an alien1 the errors of such counsel
 were so serious as to deprive the alien
 of a fair immigration proceeding4  4   
7b7 ,clerical amendment ,the table of   
contents for the ,immigration and       
,nationality ,act 7#h ,u4,s4,c4 #aaja et
 seq47 is amended by inserting after the
 item relating to section #bid the      
following3  ,sec4 #bie4 ,claims of      
ineffective assistance of counsel4  4   
7c7 ,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-- 7#a7 pending as of the  
date of the enactment of this ,act2     
7#b7 commenced after such date of       
enactment2 or  7#c7 fully adjudicated   
before such date of enactment4