Summary

Creates a new statutory cause of action in the Immigration and Nationality Act allowing noncitizens to raise ineffective-assistance-of-counsel claims in any immigration matter when counsel’s performance was deficient and prejudiced the proceeding. It adopts a performance-and-prejudice standard consistent with Strickland v. Washington, defines covered "immigration matters" broadly (including removal/exclusion proceedings, collateral matters, and DHS/Attorney General proceedings), and applies to past, pending, and future cases.

• Creates 8 U.S.C. § 295 as a statutory cause of action for ineffective assistance of counsel in immigration matters.
• Adopts a two-part performance-and-prejudice standard consistent with Strickland v. Washington for ineffective-assistance claims.
• Covers any stage of exclusion, deportation, removal, collateral matters, motions to reopen/reconsider, and DHS/Attorney General proceedings.
• Applies retroactively to cases pending, commenced, or fully adjudicated before enactment.
• Congressional findings say bar-complaint prerequisites have chilled immigration counsel and that a uniform standard is needed.
• Does not specify remedies, procedural mechanics, or provide new funding in the text provided.
• Inserts the new section into the INA table of contents after the existing section 294.