Immigration and Naturalization Service v. Chadha

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.

Parties

Original Plaintiff/Current Petitioner

The Immigration and Naturalization Service (INS), and the U.S. Attorney General. (N.B.

Original Defendant/Current Respondent

Jagdish Chadha, a foreign exchange student considered a citizen neither by Kenya nor by India.

Amici curiae

The U.S. House of Representatives and the U.S. Senate. (N.B.

Background

State of law

§ 244(a)(1) of the Immigration and Nationality Act, 8 U.S.C. § 1254(a)(1), authorized the INS to suspend deportation of aliens continually resident in the United States for at least seven years where the Attorney General, in his discretion, found that "deportation would . . . result in extreme hardship." After such a finding by the Attorney General, a report would be transmitted to Congress pursuant to § 244(c)(1), and either house of Congress had the power to veto the Attorney General's determination pursuant to § 244(c)(2).

Facts of case

Respondent Jagdish Rai Chadha was born in Kenya to Indian parents, but neither Kenya nor India recognized him as a legitimate citizen or resident; instead, he held a British passport. He traveled to Ohio as a foreign exchange student; after his nonimmigrant student visa expired, neither Kenya nor India would accept him onto...
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