The federal government’s latest immigration measures have hit yet another roadblock.
As we’ve learned, Boston federal district judge Leo Sorokin overturned the $100,000 fee the White House imposed on H-1B visa applicants last year on June 8 Eastern Time.
Judge Sorokin, appointed by former Democratic President Obama, ruled that the policy violated the federal Administrative Procedure Act and the constitutional separation of powers. He determined that the $100,000 fee was essentially a ‘tax,’ and Congress never gave the executive branch the power to levy it.
Compared to Democrats, Trump—a businessman at heart—has always prioritized direct economic benefits. From his first campaign, he made immigration reform a centerpiece, aiming to deport anyone who doesn’t contribute net value to the U.S. and becomes a burden on public finances, while welcoming high-net-worth, high-skilled individuals.
The H-1B program started back in the 1990s, originally designed to bring top global talent in science, technology, engineering, and math to U.S. companies—helping fill skill gaps, drive innovation, and boost the economy.
Even world’s richest man Elon Musk, born in South Africa, and Trump’s current wife Melania both used this program to stay in the U.S. and build new careers.
In recent years, Republican officials and economists have pointed to widespread fraud and abuse in the system—including issuing more visas to certain countries (like India) than legally allowed, and employers possibly using H-1B to undercut wages and job opportunities for American workers.
The new H-1B rule automatically took effect on September 21 last year, hiking the annual fee to $100,000. It also affected H-4 visas for spouses and dependents of H-1B holders.
The U.S. Chamber of Commerce then sued, arguing the move would hurt American businesses. The group represents over 3 million U.S. companies and trade associations—96% of them small and medium-sized businesses with fewer than 100 employees.
In its statement, the Chamber said the new measure overrides the Immigration and Nationality Act. The program was established by Congress to ensure businesses of all sizes can access the global talent they need to grow in the U.S.
Then on December 12, California and 20 other states sued the federal government. California’s attorney general said in a statement that by law, visa fees can only cover processing costs, and the $100,000 H-1B fee far exceeds that. Trump, as president, had no authority to impose it—that power belongs to Congress.
Public records show the fee hike caused H-1B applications to plummet. In a March filing, the government said that as of February 15, U.S. Citizenship and Immigration Services had received only 85 payments of the $100,000 fee. The federal government argued the fee was a monetary penalty.
Meanwhile, this isn’t the first time Trump’s immigration measures have been blocked. On April 30, a Boston federal judge ruled that the administration’s restrictive measures against applicants from certain countries violated the Immigration and Nationality Act’s ban on nationality-based discrimination.
That lawsuit was brought by immigrants from about 20 countries, including Iran, Haiti, Venezuela, and Syria, covering roughly 200 applicants.
The contested policies included treating an applicant’s nationality from those countries as a ‘significant negative factor’ and suspending processing of green cards, asylum, and work permits. The judge found these actions violated Congress’s requirement that the government must adjudicate such applications.
Separately, multiple former and current federal officials have revealed that Trump also aims to deport 1 million immigrants in his first year, but that goal faces huge financial and legal hurdles—and some target countries are unwilling to accept U.S. deportees.
On November 12 last year, the Trump administration issued another directive requiring visa officers at embassies and consulates to thoroughly assess whether applicants might rely on U.S. public benefits after entry. The criteria include age, health, family situation, financial resources, education, skills, English proficiency, and any past use of public assistance.
The directive aims to make sure the U.S. immigration system doesn’t become a burden on taxpayers. It mainly applies to immigrant visa applications, but some experts warn the impact could spill over to visitor visa applications for family members of U.S. residents.
In addition, the Trump administration’s ‘Gold Card’ visa program has seen only one approval since applications opened in December 2025. Individual applicants must pay $1 million—originally planned at $5 million—and companies pay $2 million. Trump had intended the Gold Card to replace the 35-year-old EB-5 investor visa and use the revenue to pay down the federal debt.
And the executive order aimed at cracking down on ‘birth tourism’ by restricting birthright citizenship has also been ruled illegal.
That order, which took effect on Trump’s first day in office on January 20 last year, sought to deny citizenship to children born in the U.S. if neither parent was a citizen or green card holder. Both the Ninth Circuit and First Circuit appeals courts later ruled it violated the 14th Amendment’s guarantee of citizenship to anyone born on U.S. soil.
The Washington-based International Monetary Fund has warned that the White House’s tightening immigration policies could deal a serious blow to U.S. economic growth. Deporting 10% of undocumented immigrants each year would shrink GDP by 3.3% and cut wages by 1.7%.
