INS v. CHADHA

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Case Basics
Docket No. 
80-1832
Petitioner 
Chadha
Respondent 
Immigration and Naturalization Service (INS)
Consolidation 
United States House of Representatives v. Immigration and Naturalization Service (INS), No. 80-2170
United States Senate v. Immigration and Naturalization Service (INS), No. 80-2171
Advocates
(Reargued the cause for Jagdish Rai Chadha in all cases)
(Reargued the cause for the petitioner in No. 80-2171)
(Reargued the cause for the petitioner in No. 80-2170)
(Reargued the cause for the Immigration and Naturalization Service in all cases)
Term:
Location: Congress
Facts of the Case 

In one section of the Immigration and Nationality Act, Congress authorized either House of Congress to invalidate and suspend deportation rulings of the United States Attorney General. Chadha had stayed in the U.S. past his visa deadline. Though Chadha conceded that he was deportable, an immigration judge suspended his deportation. The House of Representatives voted without debate or recorded vote to deport Chadha. This case was decided together with United States House of Representatives v. Chadha and United States Senate v. Chadha.

Question 

Did the Immigration and Nationality Act, which allowed a one-House veto of executive actions, violate the separation of powers doctrine?

Conclusion 
Decision: 7 votes for Chadha, 2 vote(s) against
Legal provision: Immigration and Naturalization, Immigration, Nationality, or Illegal Immigration Reform and Immigrant Responsibility Acts, as amended

The Court held that the particular section of the Act in question did violate the Constitution. Recounting the debates of the Constitutional Convention over issues of bicameralism and separation of powers, Chief Justice Burger concluded that even though the Act would have enhanced governmental efficiency, it violated the "explicit constitutional standards" regarding lawmaking and congressional authority.

Cite this Page
INS v. CHADHA. The Oyez Project at IIT Chicago-Kent College of Law. 20 July 2014. <http://www.oyez.org/cases/1980-1989/1981/1981_80_1832>.
INS v. CHADHA, The Oyez Project at IIT Chicago-Kent College of Law, http://www.oyez.org/cases/1980-1989/1981/1981_80_1832 (last visited July 20, 2014).
"INS v. CHADHA," The Oyez Project at IIT Chicago-Kent College of Law, accessed July 20, 2014, http://www.oyez.org/cases/1980-1989/1981/1981_80_1832.