Immigration · Primary-source case analysis

Chadha: Congress Could Not Cancel an Immigration Suspension Through a One-House Veto

By Aneeta Mishra and Timothy Chan

Published May 19, 2026

INS v. Chadha arose after an immigration judge suspended Jagdish Chadha’s deportation and the House of Representatives alone invoked a statutory veto to reverse that result.

The resolution changed legal rights

The House action altered Chadha’s status and the executive branch’s duty under the existing statute, making it legislative in character rather than merely internal congressional business.

Legislation ordinarily requires two constitutional steps

A measure exercising federal legislative power must pass both Houses and be presented to the President unless the Constitution itself supplies a narrow exception.

Efficiency did not create an exception

The usefulness of a legislative veto as an oversight mechanism could not replace the procedure prescribed by the Constitution.

The invalid veto could be severed

The Court left the remainder of the statutory suspension framework operative after invalidating the one-House mechanism.

Key takeaways

• Identify the exact government act that changed the person’s legal status.
• Separate adjudication under existing law from creation or revision of law.
• Check bicameral passage and presidential presentment.
• Analyze severability before assuming the full statutory scheme falls.