Reading Room Document

INS Instructions to Field Offices on Chadha-Related Cases

The document is a response to a request for advice on issuing instructions to Immigration and Naturalization field offices regarding the effects of the court of appeals’ decision in Chadha v. Immigration and Naturalization Service. The conclusion reached is that when Congress "vetoes" an INS decision, the Department is under a statutory obligation to carry out the instruction in the controlling statutes. The document presents questions about the possible effects of the Chadha decision on similar cases and whether the ruling of the Ninth Circuit in the Chadha case should be viewed as displacing the statutory obligation in other cases. It also raises the issue of prior Presidents instructing their subordinates to disregard the exercise by Congress of statutory "legislative veto" power.

June 26, 1981