Immigration and Naturalization Service v. Chadha
| Immigration and Naturalization Service v. Chadha | |
|---|---|
|
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| Argued February 22, 1982 Reargued December 7, 1982 Decided June 23, 1983 |
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| Full case name | Immigration and Naturalization Service v. Jagdish Rai Chadha, et al. |
| Citations | 462 U.S. 919 (more)
103 S. Ct. 2764; 77 L. Ed. 2d 317; 1983 U.S. LEXIS 80; 51 U.S.L.W. 4907; 13 ELR 20663
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| Prior history | Appeal from the United States Court of Appeals for the Ninth Circuit |
| Holding | |
| Congress may not promulgate a statute granting to itself a legislative veto over actions of the executive branch which is inconsistent with the bicameralism principle and Presentment Clause of the Constitution. | |
| Court membership | |
| Case opinions | |
| Majority | Burger, joined by Brennan, Marshall, Blackmun, Stevens, O'Connor |
| Concurrence | Powell |
| Dissent | White |
| Dissent | Rehnquist, joined by White |
| Laws applied | |
| U.S. Const. Art. I §§ 1, 7; U.S. Const. Art. III | |
Immigration and Naturalization Service v. Chadha, 462 U.S. 919 (1983), was a United States Supreme Court case ruling in 1983 that the one-house legislative veto violated the constitutional separation of powers.
Section 244(a)(1) of the Immigration and Nationality Act, , authorized the Immigration and Naturalization Service (INS) to suspend deportation of an alien continually residing in the United States for at least seven years where the U.S. Attorney General, in his discretion, found that "deportation would ... result in extreme hardship." After such a finding by the Attorney General, he transmits a report to Congress pursuant to § 244(c)(1) and either house of Congress has the power to veto the Attorney General's determination pursuant to § 244(c)(2).
Respondent Jagdish Rai Chadha was born in The British Empire's colony in Kenya to Indian parents. He held a British passport and traveled to Ohio as a foreign exchange student. After Kenya's declaration of independence from Britain in 1963 he was not recognized as a legitimate citizen or resident of Kenya (as his parents were Indian) or of the United Kingdom or India (as he was born in Kenya). After his non-immigrant student visa expired, none of the three countries would accept him onto their territory, effectively making him a stateless person.
The INS initiated deportation proceedings against Chadha. Chadha sought to suspend his deportation, and the INS accommodated his request according to § 244(a)(1), and transmitted a report of the suspension to Congress according to § 244(c)(2). The House of Representatives vetoed the suspension of Chadha's deportation, and the INS resumed deportation proceedings. Chadha raised constitutional objections to § 244(c)(2), but the immigration judge found he lacked any authority to rule on such claims and ordered Chadha deported. Chadha then appealed to the Board of Immigration Appeals, which also found it lacked any authority to consider constitutional objections to § 244(c)(2). Chadha appealed to the Court of Appeals for the Ninth Circuit for review of the deportation order, and the INS supported his challenge to the constitutionality of § 244(c)(2). The Ninth Circuit found § 244(c)(2) unconstitutional and ordered the Attorney General to suspend deportation proceedings. INS appealed the Ninth Circuit's decision to the Supreme Court in order to obtain a final judgment on the constitutionality of § 244(c)(2).
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