January 15, 1975legislationimmigrationcongressional powerconstitutional lawseparation of powersseparation of powerslegislative vetoimmigration
House of Representatives uses a one-house legislative veto to overturn an immigration judge's suspension of Jagdish Chadha's deportation without Senate approval or presidential signature
The U.S. House of Representatives exercised a "legislative veto" on January 15, 1975, passing H.Res. 926 under Immigration and Nationality Act § 244(c)(2) to override an immigration judge's suspension of deportation for Jagdish Rai Chadha, a Kenyan-born man on an expired student visa. The provision allowed either House of Congress to overturn executive agency decisions within 60 days, without requiring approval by the other House or the President's signature. Chadha challenged the procedure, and the Immigration and Naturalization Service — and later the Justice Department — declined to defend the legislative veto, agreeing with Chadha that the procedure was unconstitutional.