A federal judge invalidated the Trump administration’s $100,000 H-1B visa payment requirement, stating that the issue was not about immigration policy but the executive branch imposing a tax without congressional approval. US District Judge Leo T. Sorokin’s 42-page ruling deemed the H-1B policy as an unauthorised tax exceeding the President’s powers under federal immigration law. The administration argued the fee fell under the President’s authority to restrict foreign nationals’ entry, a claim Sorokin dismissed.
The judge emphasized that while presidents have broad immigration authority, it is not limitless and must adhere to constitutional and statutory constraints. Sorokin rejected the government’s argument that the $100,000 charge was an immigration restriction, clarifying that taxes and restrictions are distinct. The ruling highlighted the US Constitution’s allocation of taxing authority to Congress and the lack of explicit language in immigration laws permitting a new tax.
Beyond constitutional concerns, the court found federal agencies implementing the policy had overstepped their statutory authority. The ruling declared the policy unlawful nationwide, citing agencies’ failure to follow rulemaking procedures and justify the substantial cost increase for H-1B employers. The decision’s significance extends beyond the H-1B program, addressing presidential authority limits in immigration and reinforcing Congress’s exclusive role in taxation matters.
