Several of US President Donald Trump’s immigration proposals remain tied up in courts despite the administration’s push to overhaul the country’s immigration system.
The latest setback came on July 24, when a federal appeals court refused to revive Trump’s proposed $100,000 fee on first-time H-1B visa applicants, leaving the measure blocked while the legal challenge continues.
Meanwhile, separate lawsuits involving international students, work permits, immigration detention and asylum restrictions are also moving through the courts, creating uncertainty over when, or if, some of the administration’s plans will take effect.
Will $100,000 H-1B visa fee return?
Trump signed a proclamation on April 9 imposing a $100,000 fee on first-time H-1B applicants applying from outside the US. The administration said the move would encourage companies to hire American workers instead of relying heavily on foreign labour.
The US Chamber of Commerce and several business groups challenged the measure, arguing that only Congress has the authority to impose such a tax. On July 17, a federal judge struck down the fee, and on July 24, the 1st US Circuit Court of Appeals refused to allow the administration to enforce it while the appeal proceeds, Reuters reported. The administration can continue its appeal, but employers are not required to pay the fee unless a higher court overturns the rulings, as reported by Reuters.
What is happening with student visa litigation?
Another legal battle involves changes affecting international students enrolled through the Student and Exchange Visitor Information System (SEVIS). The Trump administration sought to tighten rules governing student status and visa compliance, prompting legal challenges from universities and advocacy groups.
The litigation remains pending, meaning the proposed changes have not yet taken effect. Until the courts rule, international students, including thousands from India, will continue to follow the existing SEVIS framework, reported Reuters.
Detention case
The administration is also appealing a court ruling on mandatory immigration detention and bond hearings. Earlier in July, a federal appeals court ruled that immigration authorities cannot hold migrants for more than 90 days without giving them an opportunity to seek release through a bond hearing, Reuters reported.
Although the case is unlikely to affect most Indian students or H-1B workers directly, it could have implications for migrants who become subject to immigration enforcement proceedings, reported Reuters.
What is the dispute over TPS work permits?
On July 21, a federal judge temporarily blocked the Trump administration from ending work permits for tens of thousands of asylum seekers and immigrants protected under Temporary Protected Status (TPS), reported Reuters.
The ruling prevents the administration from enforcing parts of the policy while the lawsuit continues. Another court hearing is expected by August 5, when the judge will decide whether the temporary injunction should remain in place during the litigation.
What about asylum ban?
One of the Trump administration’s crucial immigration policies is its asylum ban at the US-Mexico border. The proclamation, signed on January 20, suspends asylum access for migrants crossing the southern border illegally and directs officials to quickly remove many of them without considering their asylum claims.
Immigrant rights groups challenged the policy, arguing that it violates US asylum law and international treaty obligations by denying people the opportunity to seek protection. On July 2, a federal judge in Washington ruled that the administration had exceeded its legal authority and blocked the policy from taking effect. However, the ruling was temporarily put on hold after the administration appealed, allowing the restrictions to remain in place while the case moved through the courts, Reuters reported.
