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Legislative Process Keyed to Bressman, 4th Ed.
Immigration and Naturalization Service v. Chadha
Citation:
462 U.S. 919 (1983)Facts
Jagdish Rai Chadha, an East Indian born in Kenya holding a British passport, lawfully entered the United States in 1966 on a student visa which expired in 1972. In 1973, the INS initiated deportation proceedings against him. Chadha applied for suspension of deportation under §244(a)(1) of the Immigration and Nationality Act. After a hearing, an Immigration Judge suspended his deportation in 1974, finding that Chadha met all statutory requirements: he had resided continuously in the U.S. for over seven years, was of good moral character, and would suffer extreme hardship if deported. As required by §244(c)(1), the Attorney General reported this suspension to Congress. In December 1975, the House of Representatives passed a resolution disapproving the suspension of deportation for Chadha and five other aliens, exercising its authority under §244(c)(2). The resolution was passed without debate or recorded vote. As a result, the Immigration Judge reopened deportation proceedings and ordered Chadha deported. Chadha challenged the constitutionality of §244(c)(2), arguing that the one-House veto violated the separation of powers doctrine.
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