Findings; purpose

(a) Findings Congress makes the following findings: (1) Consistent with the Fifth Amendment to the Constitution of the United States, 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 States. (2) Effective counsel must be competent counsel if it is to be meaningful, and aliens do not always receive effective counsel. (3) 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 counsel, to file official complaints with State bar associations before seeking further relief under the immigration laws (as defined in section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a))). (4) A mandatory filing of a bar complaint is unique to the application of immigration laws. (5) Consequently, such requirement— (A) has had a chilling effect on immigration attorneys; (B) acts as a barrier to access to counsel for aliens in need of representation in immigration matters; and (C) results in additional obstacles aliens must overcome to access a full and fair process in immigration proceedings. (6) In every other matter, the standard set forth in Strickland v. Washington, 466 U.S. 668 (1984), is the standard used to assess an ineffective assistance of counsel claim; therefore, the same standard should apply to immigration matters. (b) 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 matters.