Monday, March 27, 2017
Immigration Article of the Day: The Nondiscrimination Obligation of Immigration and Nationality Act Section 202(A)(1)(A) by Alan Hyde
The Nondiscrimination Obligation of Immigration and Nationality Act Section 202(A)(1)(A) by Alan Hyde, Rutgers University - School of Law, March 13, 2017
The nondiscrimination obligation of Immigration & Nationality Act Sec 202(a)(1)(A) entered the law in 1965 as part of a larger Congressional repudiation of the executive branch's claim to flexibility and discretion in the issuance of immigrant visas. The administration had specifically claimed the discretion to direct immigrant visas to Western European countries potentially disadvantaged by the abolition of national origin quotas. Congress eliminated this discretion and, in the same substitute bill, reserved the power to create categories of immigrant admission to itself. Congress reinforced that power by directing the executive branch to administer visa categories without favoring countries or races. The nondiscrimination obligation thus rules out some of the more extravagant recent claims for executive authority unilaterally to alter immigration law.