Federal Court Strikes Down Trump's $100,000 H-1B Visa Fee as Unconstitutional Usurpation of Congressional Taxing Power
A federal judge in Massachusetts invalidated the Trump administration's $100,000 fee on H-1B visa applications, ruling it unconstitutionally encroaches on Congress's exclusive power to levy taxes. The decision in California v. Mullin relied in part on the Supreme Court's recent Learning Resources v. Trump ruling, which found that broad executive authority statutes do not implicitly delegate taxing power to the president. The ruling has significant implications for tech companies, research institutions, and other employers that rely on H-1B visas to hire specialized foreign workers.
Judge Leo Sarokin of the US District Court for the District of Massachusetts struck down the Trump administration's $100,000 fee imposed on all H-1B visa petitions, finding it constitutes a tax that only Congress has the authority to impose. The court rejected the administration's characterization of the fee as a 'regulatory payment,' noting that the government offered no legal definition, cited no supporting precedents, and provided no reasoned argument distinguishing such a payment from a tax. Applying the Supreme Court's recent Learning Resources v. Trump decision—which held that IEEPA's broad executive powers do not implicitly include the power to impose tariffs—the court found that the Immigration and Nationality Act's grants of presidential authority over alien entry similarly do not delegate taxing power. The court acknowledged that Congress can delegate its taxing power to the executive branch, but only when it clearly signals that intent, which the relevant INA provisions do not do. The H-1B program is widely used by technology firms, universities, and research organizations to employ foreign nationals with specialized skills, and the $100,000 fee had been widely criticized as effectively prohibitive for many employers.
What's missing
It is unclear whether the Trump administration plans to appeal the ruling or pursue alternative legislative or regulatory avenues to impose similar fees. Additionally, the broader policy rationale the administration offered for the $100,000 fee—such as protecting American workers or generating revenue—receives little scrutiny in the available coverage.
How coverage differed
The sole source available is Reason, a libertarian-leaning outlet, which framed the ruling favorably as a check on executive overreach and highlighted the author's personal involvement in the related Learning Resources tariff litigation. Coverage from left-leaning outlets might emphasize harm to immigrant workers, while right-leaning outlets sympathetic to the Trump administration might frame the ruling as judicial interference with immigration enforcement.
What different sources said
- ReasonRight
Federal Court Invalidates Trump's $100,000 H-1B Visa Fee as Ilegal Usurpation of Congress' Power to Tax
Related
Congressional Baseball Game: Republicans Seek Sixth Consecutive Victory as Mark Teixeira Joins GOP Roster
The annual Congressional Baseball Game between Democrats and Republicans is scheduled for Wednesday at Nationals Park, with Republicans seeking their sixth consecutive win. Former MLB star Mark Teixeira, expected to win a Texas congressional seat in November, is anticipated to join the Republican roster, while GOP pitcher Greg Steube and reliever Pat Harrigan return for the Republicans. The charity game has raised significant funds, with the 2025 game generating $2.75 million.
South Carolina Holds Primary Elections for Governor, Senate, and Congressional Seats
South Carolina voters participated in primary elections on Tuesday to choose nominees for governor, U.S. Senate, and other state offices, with seven Republicans and three Democrats competing for the gubernatorial nomination. President Trump's endorsement of Lt. Gov. Pamela Evette for governor and Sen. Lindsey Graham for reelection was a significant factor in the race, though Trump's backing does not guarantee victory as demonstrated in recent Iowa primaries. The election is notable as South Carolina is expected to host the first-in-the-South presidential primaries in 2028, making the state's leadership choices consequential for the presidential race.
North Dakota Holds Primary Elections for U.S. House, State Offices, and Fargo Mayoral Race
North Dakota held primary elections on Tuesday featuring a rematch between Republican U.S. Rep. Julie Fedorchak and challenger Alex Balazs, along with races for state legislative seats and a Fargo mayoral election. The state is heavily Republican, with Trump winning 67% of the vote in 2024, and most statewide offices face unopposed candidates. Key changes include Fargo's shift to a full-time mayor position and the elimination of the city's unique approval voting system.