Legal Question in Immigration Law in Kentucky
Deportation veto's
If someone is brought before an immigration judge and he decides because the person has been in the US for 7 years he would not deport him, but then the Attorney General brought this same person, after that ruling, before the house of representitives and they vetoed it, is this unconstitutional because it violates the seperation of powers contemplated by the framers in the writing of the constitution?
Asked on 10/04/03, 8:23 pm
1 Answer from Attorneys
Myron Morales
Lee Lane Smith LLP
Re: Deportation veto's
Only in very rare cases could this even be possible, but it is unlikely that it would violate the separation of powers act. This is because Congress decides what will be the jurisdiction of the courts. If it decides to go beyond or take those powers away, it can do so.
Answered on 10/05/03, 11:18 am