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Judge strikes down Trump’s $100,000 H-1B visa fee as unconstitutional
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Judge Says the Fee Went Too FarA federal judge in… |
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Judge Says the Fee Went Too FarA federal judge in Massachusetts has struck down President Donald Trump’s $100,000 fee for H-1B visa petitions, saying the administration crossed a constitutional line. U.S. District Judge Leo Sorokin ruled that the charge worked like a tax, not a penalty, and that only Congress can impose or delegate taxes. That is a small detail, of course, unless you happen to be the branch of government trying to set one with a proclamation. The case was brought by 20 states, led by California, and it challenged the fee Trump announced in September for employers seeking highly skilled foreign workers.The Court Rejected The Administration’s ShortcutSorokin also found that the policy ran afoul of the Administrative Procedure Act, the law that tells agencies to slow down and do the paperwork before changing things that affect real people and real money. According to the ruling, the agencies behind the fee failed to give a solid explanation, failed to consider alternatives, and failed to weigh the impact of the rule. They also did not have a valid emergency or foreign-affairs reason to skip notice and comment. In plain English, the court said the government cannot point to a presidential…
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