Suspension of Deportation: Tighter Standards for Canceling Removal (CRS Report for Congress)
| Release Date |
Sept. 16, 1997 |
| Report Number |
97-606 |
| Report Type |
Report |
| Authors |
Larry M. Eig, American Law Division |
| Source Agency |
Congressional Research Service |
Summary:
Since 1940, Congress has allowed the Attorney General to grant lawful status to certain aliens
who,
though not lawfully admitted, have established deep roots here. As first enacted, the Attorney
General could suspend the deportation of aliens who could show 5 years of good moral character and
prospective "serious economic detriment" to lawfully present members of their immediate families.
However, several classes of aliens were ineligible, and Congress retained power to overturn relief by
resolution.
Over time, Congress has changed the basic eligibility rules for suspension of deportation, the
classes of ineligible aliens, and the role of Congress. As enacted, the Immigration and Nationality Act
of 1952 (INA) expanded potential eligibility by allowing relief premised on hardship to the
prospective deportee and by shortening the list of ineligible groups, but relief could only be granted
if both the Attorney General and Congress acted. The lists of ineligible groups for suspension under
the INA, which still is our primary immigration statute, subsequently were amended further. Also,
the Supreme Court has precluded congressional participation in individual suspension cases.
