WASHINGTON–U.S. Senator Chris Murphy (D-Conn.) on Thursday introduced the Strengthening Immigration Procedures Act, legislation to promote due process, ensure consistency in federal immigration proceedings, and reduce paperwork by removing unnecessary burdensome filing requirements. Currently, some noncitizens must first file a state bar complaint against their prior immigration attorney in order to seek an appeal of their immigration case, even though they are legally entitled to seek such an appeal. This requirement, which is not enshrined in federal law but exists through precedent, applies exclusively to immigration matters and results in more red tape and delays in due process, ultimately denying access to justice for noncitizens. This narrowly tailored bill would eliminate this requirement, aligning ineffective assistance of counsel claims in immigration matters with the national standards articulated by the Supreme Court in Strickland v. Washington, creating parity for immigration lawyers and reducing confusion by ensuring that the same standard for ineffective assistance of counsel claims is used in all legal proceedings.

“There are many ways our current immigration system is broken, and this legislation would provide one narrowly tailored fix to improve fairness. Claims of ineffective assistance of counsel for immigration matters should be handled the same way as every other legal proceeding. It’s a simple bill to bring consistency to our legal system and eliminate bureaucratic red tape,” said Murphy.

"For any legal system to have integrity, justice and fairness must be at its core. In the United States, lawful immigration processes are often infused with barriers that threaten fundamental constitutional principles. When prejudicial errors are made that compromise due process, immigration adjudicators may decide to reconsider a case.  For years, however, immigration courts and agencies have employed a standard that is inconsistent with what the Supreme Court has established for every other area of law.  In immigration cases, neither immigration courts nor immigration agencies can re-examine a case until the harmed person completes the extra bureaucratic step of filing a formal complaint with the state bar administrator. It is oppressive, time consuming, and further weakens a system known for delays and backlogs. I, myself, have had clients whose first attorney could not be found and therefore could not complete the onerous requirement of filing a bar complaint, ending all hopes that the courts and agencies would give them a fair shot in their cases. AILA applauds Senator Murphy for introducing this common-sense bill that ensures fairness, accessibility, and consistency in all areas of law,” said Rekha Sharma-Crawford, Treasurer at the American Immigration Lawyers Association.

The bill is endorsed by the American Immigration Lawyers Association (AILA), the Vera Institute of Justice, the National Immigration Litigation Alliance (NILA) and Immigration Lawyers Nationwide (IMMLAW). 

A one-pager is available HERE. Full text of the bill is available HERE.

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