Sponsor
Christopher Murphy
Senator · D-CT
Senator · D-CT
The bill expands and clarifies immigrants’ ability to obtain relief for ineffective legal representation—strengthening due-process protections and reopening lost remedies—at the cost of increased litigation, administrative burdens, government and taxpayer expenses, potential delays in finality, and changes to accountability routes for attorneys.
Noncitizens in removal proceedings gain clearer, standardized access to ineffective-assistance remedies by applying the Strickland framework and defined prejudice standards, making it easier to challenge deficient counsel and avoid wrongful removals.
Immigrants and their attorneys face fewer chilling effects and have more reliable routes to reopen or reconsider past cases where counsel’s deficient performance deprived them of a fair proceeding, restoring access to relief for previously lost claims.
Courts and agencies get clearer, standardized criteria (definitions of ‘immigration matter’ and ‘prejudice’) which can reduce inconsistent Board/agency practices and legal confusion, potentially improving uniformity in adjudication.
Federal immigration courts and agencies (DOJ, DHS, EOIR, BIA) could face substantially increased workloads from new and reopened ineffective-assistance claims, slowing case processing and administrative resolution.
Taxpayers and the government may incur higher costs due to longer proceedings, increased appeals, and additional litigation defending past representation.
Finality of removal proceedings could be eroded, prolonging uncertainty for respondents, victims, and communities while cases are reopened or relitigated.
Based on analysis of 3 sections of legislative text.
Creates a statutory cause of action allowing immigrants to bring ineffective-assistance-of-counsel claims in immigration matters using the Strickland standard.
Official title: Amend the Immigration and Nationality Act to provide for claims of ineffective assistance of counsel in immigration matters, and for other purposes.
Introduced March 31, 2025 by Christopher Murphy · Last progress March 31, 2025
Creates a new federal statutory cause of action allowing noncitizens to raise ineffective-assistance-of-counsel claims in any immigration matter and directs courts and agencies to evaluate those claims under the Strickland standard (deficient performance + prejudice). The law defines “immigration matter,” applies retroactively to past and pending cases, and removes the de facto requirement that immigrants file state bar complaints before seeking immigration relief.