Define: Landon V. Plasencia

The Supreme Court’s ruling in Landon v. Plasencia established that the Immigration and Naturalization Service (INS) had the authority to determine whether a permanent resident alien could enter the United States, while also affirming the alien’s right to due process. The Court clarified that Congress did not mandate the use of deportation hearings for this purpose, and acknowledged that permanent resident aliens possess constitutional rights without specifying their nature. The Court further stated that it is the responsibility of the courts to ensure that the INS adheres to due process regulations, but that the courts cannot dictate the INS’s methods of operation.

In 1982, the Supreme Court ruled in the case of Landon v. Plasencia that the Immigration and Naturalization Service (INS) has the ability to decide whether a permanent resident alien can enter the United States through an exclusion hearing. However, the Court also established that permanent resident aliens are entitled to due process during these proceedings. This means that they have the right to be informed of the charges against them and the right to present a defence. This case demonstrates the delicate balance between the government’s authority to regulate immigration and the rights of permanent resident aliens. The Court concluded that while the INS has the power to determine admissibility in an exclusion hearing, permanent resident aliens must still be treated fairly and given notice of the charges against them, despite not being U.S. citizens.

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This glossary post was last updated: 17th April 2024.