Donald Trump is facing a protracted legal battle following the imposition of a $100,000 fee for new H-1B visa applications — with many insisting that he has overstepped Presidential powers. But a recent court hearing suggests that the contentious policy may fall under his broad powers to regulate immigration — casting doubt on the challenge mounted by the largest US business lobby.
District Judge Beryl Howell told lawyers for the US Chamber of Commerce and the Association of American Universities during a hearing on Friday that Trump had vast authority to restrict the entry of non-citizens. The federal judge appointed by former President Barack Obama cited two laws that collectively empowered the POTUS to regulate entry into the United States and temporarily restrict entry by “classes of aliens”.
“Congress has handed (those powers) to the president with a red ribbon. That seems to be so broad that the proclamation by the president could have said: ‘I find it in the interest of the United States to suspend all H-1B visas’…” Reuters quoted Judge Howell as saying.
What is the case?
The federal judge is considering claims from the Chamber of Commerce and the AAU (which represents dozens of research universities), that the policy is beyond Trump’s powers to restrict entry into the country. They also argue that the $100,000 fee conflicts with the law that created the H-1B program. A coalition of unions, employers and religious groups have also filed separate lawsuits challenging the fee.
The hefty fee has also been challenged by a coalition of 19 US state attorneys general — led by Oregon AG Dan Rayfield. The lawsuit challenges the policy, calling it unlawful and harmful to employers facing critical labour shortages. The case before a federal court in Boston is at least the third to challenge the fee announced by Trump in September.
Bid to revoke national emergency declaration
The H-1B visa fee increase has sparked widespread dissent, with many questioning its impact on American businesses. Three Democratic representatives have introduced a resolution to terminate Trump’s national emergency declaration, citing harm to workers, consumers, and bilateral ties. In September, US President Donald Trump announced that his administration would levy a one-time USD 100,000 fee on all new H-1B applications, which the attorneys general described as a “sudden” and “massive” increase over existing charges.