A federal judge in Massachusetts struck down the Trump administration’s $100,000 fee for H-1B visa holders on Monday, ruling that the charge amounted to an unlawful tax imposed without congressional authorization — a significant setback for an immigration policy that had drawn a legal challenge from two dozen states, including Maine’s New England neighbors.
The Ruling
U.S. District Judge Leo T. Sorokin, an Obama appointee, voided the Department of Homeland Security’s fee requirement, concluding that the executive branch had overstepped its constitutional limits. “The President has no authority to levy a tax unless such a power is delegated by Congress through statute,” Sorokin wrote in his June 8 ruling.
The judge found that the administration’s action bypassed the constitutional principle that the power to tax rests with Congress, not the White House. DHS had issued the fee proclamation in September, framing it as a measure to protect American workers and address concerns about the program’s integrity.
What the H-1B Program Does
The H-1B visa program allows American employers to bring foreign nationals into the country to fill specialty occupations — positions that generally require at least a bachelor’s degree. Workers admitted under the program can remain for a maximum of six years. The program is widely used in technology, engineering, finance, and other high-skill sectors.
A 20-State Coalition
The lawsuit was filed by a coalition of 20 states, including California, Massachusetts, New York, Colorado, and other predominantly Democratic-led states. The states argued that the steep fee would harm their economies by driving away skilled workers and raising costs for employers who rely on the H-1B program to fill positions that cannot be readily filled domestically.
Vermont and Rhode Island were among the New England states that joined the coalition — a detail of particular relevance for Maine residents following the region’s political landscape. Decisions in neighboring states on immigration and labor policy can carry ripple effects across the broader New England economy, including sectors in Maine that compete for skilled talent.
Administration’s Position
DHS defended the fee as a tool to strengthen program integrity and create incentives for employers to prioritize American workers. The administration has made limiting high-skilled immigration pathways a component of its broader immigration enforcement agenda, arguing that the H-1B program can be misused to displace qualified U.S. citizens and permanent residents.
What’s Next
The ruling is expected to face further legal proceedings, and the administration may appeal. The decision adds to a growing body of federal court rulings that have constrained executive action on immigration in the absence of specific statutory authority. Congress retains the power to authorize such fees through legislation — a path that would require action in a closely divided Capitol.
For Maine voters tracking the intersection of immigration and economic policy heading into a busy election cycle, the outcome of any appeal could shape workforce policy in key sectors. Maine’s primary elections are already generating significant political attention, with gubernatorial candidates staking out competing positions on a range of policy issues including labor and immigration.