No President can ignore Constitution: 20 US states sue Trump over H-1B visa fee

California and 19 other US states will file a lawsuit seeking to block President Donald Trump’s move to impose a $100,000 fee on new H-1B visas, escalating a legal battle over a policy that has sharply raised the cost of hiring highly skilled foreign workers.

CHALLENGE TO SEPTEMBER ORDER

The lawsuit, to be filed in a federal court in Massachusetts, challenges a fee announced in September that far exceeds the existing H-1B visa charges, which typically range between $2,000 and $5,000. It will be at least the third legal challenge to the policy, which critics say threatens to upend a programme relied upon by the technology sector, universities and healthcare providers.

STATES QUESTION PRESIDENTIAL AUTHORITY

California Attorney General Rob Bonta, who is leading the coalition, argues that the Trump administration lacks the authority to impose such a surcharge. His office has said federal law permits immigration authorities to collect only fees necessary to cover the administrative costs of visa programmes, not to generate revenue.

“No presidential administration can rewrite immigration law,” Bonta was quotes as saying at a press conference in San Francisco. “No president can ignore the co-equal branch of government of Congress, ignore the Constitution, or ignore the law.”

WHAT THE H-1B PROGRAMME ALLOWS

The H-1B programme allows US employers to hire foreign workers in specialised fields that generally require at least a bachelor’s degree or its equivalent. Technology companies, many of them headquartered in California, are among the largest users of the visas, though hospitals, schools and research institutions also depend heavily on the programme.

CONCERNS OVER LABOUR SHORTAGES

Bonta warned that the six-figure fee would place severe financial strain on state and private employers providing essential services, deepening labour shortages and risking cuts in education, healthcare and public services. He pointed to the scale of reliance on the programme, citing tens of thousands of educators and healthcare professionals nationwide who work on H-1B visas.

STATES JOINING THE LAWSUIT

The states joining California in the lawsuit include New York, Massachusetts, Illinois, New Jersey and Washington. All are represented by Democratic attorneys general. The case will be led jointly by Bonta and Massachusetts Attorney General Andrea Joy Campbell.

HOW THE ORDER APPLIES

Under the Trump administration’s order, new H-1B recipients are barred from entering the United States unless their sponsoring employer pays the $100,000 fee. The administration has said the rule does not apply to existing H-1B holders or applicants who filed before September 21. The order invokes presidential powers under federal immigration law to restrict the entry of foreign nationals deemed detrimental to US interests.

WHITE HOUSE DEFENCE, INDUSTRY PUSHBACK

The White House has defended the policy as lawful and necessary to curb what it describes as abuse of the H-1B system. Critics of the visa programme, including some conservative groups, argue that it allows companies to replace American workers with lower-paid foreign labour. Business groups and major employers counter that the visas are essential to addressing shortages of qualified US workers.

LEGAL CHALLENGES GATHER PACE

Legal opposition to the fee has been mounting. The US Chamber of Commerce and a coalition of unions, employers and religious groups have filed separate lawsuits, with a judge in Washington, DC, set to hear arguments in the Chamber’s case next week.

FEE ‘UNRELATED TO PROCESSING COSTS’

Bonta’s office has said the $100,000 charge bears no relation to the actual cost of processing H-1B petitions and therefore violates federal law. It has also argued that the US Constitution bars a president from unilaterally imposing fees to raise revenue, a power reserved for Congress.

“This is about the separation of powers,” Bonta said at a press conference, arguing that no administration can rewrite immigration law or destabilise schools, hospitals and universities through executive action alone.

IMMIGRATION POLICY TENSIONS RESURFACE

The Trump administration announced the fee in September, describing the H-1B programme as overused. While the president has previously taken a hard line on high-skilled immigration, he has more recently acknowledged the continued need for foreign talent in certain sectors, reflecting tensions between his populist base and technology industry allies.

The Justice Department declined to comment on the latest lawsuit, while the Department of Homeland Security did not immediately respond to requests for comment.

- Ends

Tune In