S. 1201 — Strengthening Immigration Procedures Act of 2025

This section declares congressional findings that (1) aliens have a right to effective counsel in removal proceedings and immigration relief applications under the Fifth Amendment; (2) current Board of Immigration Appeals precedent and Department of Justice and Department of Homeland Security policy require filing state bar complaints before seeking immigration relief for ineffective assistance of counsel, creating barriers unique to immigration law; and (3) the Strickland v. Washington standard for ineffective assistance claims should apply in immigration matters. It states the purpose of the Act to establish procedures and standards for evaluating such claims.

This section establishes a statutory right for aliens to claim ineffective assistance of counsel in immigration matters upon a showing that prior counsel's performance was deficient and prejudicial. It defines "immigration matter" to include any stage of exclusion, deportation, or removal proceedings (including collateral matters and motions to reopen or reconsider) and any matter before the Secretary of Homeland Security or Attorney General; and "prejudice" to mean counsel's errors deprived the alien of a fair proceeding. The provision applies to all immigration cases or proceedings, regardless of whether pending, commenced after, or fully adjudicated before enactment.