Biden Judge Calls Trump Visa Fee a Tax

Biden Judge Calls Trump Visa Fee a Tax

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A Biden-appointed Federal Judge in Massachusetts has struck down President Trump’s $100K H-1B Visa, calling it a tax. The Judge will be immediately appealed to the First Circuit.

Judge Strikes Down Trump’s $100K H-1B Visa Fee legalinsurrection.com
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EXCERPT:

A federal judge in Massachusetts on Monday struck down the Trump administration’s $100,000 H-1B visa fee, ruling that the charge was a tax Congress never authorized.

Trump announced the fee by presidential proclamation in September 2025, arguing that the H-1B program had displaced American workers and that employers relying on foreign labor should pay more to do it. The administration said the fee was a restriction on entry, not a tax, and that the president had full authority to impose it. 

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Twenty Democratic state attorneys general, led by California, filed suit in December to block the fee, arguing it was an unconstitutional tax imposed without any act of Congress.

U.S. District Judge Leo T. Sorokin agreed.

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