US SB1201

Allows noncitizens to raise claims of ineffective assistance of counsel in any immigration matter, including removal proceedings, motions to reopen, and matters pending before DHS or the Attorney General

Establishes a two-part standard for claims: the prior counsel's performance must have been deficient, and that deficiency must have prejudiced the immigration proceeding

Adopts the Strickland v. Washington (1984) standard used in criminal cases, replacing the current requirement that noncitizens file complaints with state bar associations before seeking relief

Defines "prejudice" as counsel errors so serious they deprived the noncitizen of a fair immigration proceeding

Applies retroactively to all immigration cases—pending, future, or fully adjudicated before enactment