Federal judge strikes down Trump's key H-1B proclamation

Jun 09, 2026 - 12:00
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Federal judge strikes down Trump's key H-1B proclamation

Last September, President Trump issued a well-received proclamation intended to discourage the continued use and abuse of the now very well-known H-1B program. The policy, however, has hit a roadblock in the courts.

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On Monday, a federal judge ruled that Trump's $100,000 H-1B visa sponsor fee is unlawful.

'They're hurting our country very badly.'

U.S. District Judge Leo Sorokin, appointed by Obama in 2014, ruled that the $100,000 fee violates the Administrative Procedure Act and the Constitution.

Judge Sorokin of the U.S. District Court of Massachusetts argued that the policy is effectively a tax, and Congress had not clearly delegated the prerogative of levying it to the president. The judge agreed with the states that "the substance and application of the $100,000 payment reveal that it is a tax."

RELATED: Paxton targets dozens of North Texas businesses after Sara Gonzales sounds alarm on H-1B fraud

Mandel NGAN/AFP/Getty Images

The lawsuit was brought in December by 20 states, many of which are led by Democrats and which draw heavily from the H-1B program.

“Every day, thousands of people with H-1B visas serve New Yorkers as doctors, teachers, and other skilled workers,” Democratic New York Attorney General Letitia James, whose state was among those who brought the suit, told CNBC.

“Today a court put an end to this administration’s illegal attempt to destroy this critical program and the many jobs it makes possible,” James said.

When asked for a response to the ruling, Trump told a reporter, “These federal judges are really giving us a hard time.”

“It’s really crazy what’s going on with the court system,” Trump added, according to CNBC. “They’re hurting our country very badly.”

The Trump administration intends to appeal the decision and expects it to be reversed.

In a statement to Reuters, White House spokeswoman Taylor Rogers said, "President Trump has clear legal authority to restrict entry of any class of aliens he determines is not in America’s best interests, and that is ⁠exactly what he did."

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Fibis

I am just an average American. My teen years were in the late 70s and I participated in all that that decade offered. Started working young, too young. Then I joined the Army before I graduated High School. I spent 25 years in, mostly in Infantry units. Since then I've worked in information technology positions all at small family owned companies. At this rate I'll never be a tech millionaire. When I was young I rode horses as much as I could. I do believe I should have been a cowboy. I'm getting in the saddle again by taking riding lessons and see where it goes.

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