Good day all. The subject of this post has hit the level of standing headline. We have yet another Obama judge who has decided that he is in charge of immigration policy. He has decided that President Trump’s order requiring a $100K fee for an H1B visa was a tax.
I’ve written about the H1B visas and how they’ve been abused to the detriment of Americans for years. President Trump has started working to block the abuse of the H1B visa system. This has set off the “Usual suspects” of Big Tech and the Chamber of Commerce. They promptly ran off to one of the COB judges to “Stop Trump!” Here are the details from Fox News:
A federal judge on Monday struck down President Donald Trump’s $100,000 fee requirement for employers seeking H-1B visas for highly skilled foreign workers, ruling that the administration exceeded its authority by imposing what amounted to a tax that only Congress can authorize or delegate.
U.S. District Judge Leo Sorokin, an Obama appointee, issued the ruling in a lawsuit filed by 20 states in the U.S. District Court for the District of Massachusetts, according to court filings.
So this clown had already decided the case as soon as he saw it. Going through the usual proceedings was a complete waste of time.
The lawsuit, challenging the fee Trump announced in September, was led by California and named Homeland Security Secretary Markwayne Mullin, whose department oversees the H-1B visa program, as a defendant. Several federal agencies involved in implementing and enforcing the policy were also named in the suit.
Kalifornistan doesn’t surprise me. The Democrats are being paid by Big Tech, at least those that haven’t fled the state, and also want to punish Americans.
According to the filing, Sorokin ruled that the fee was designed to raise revenue from a lawful program and therefore functioned as a tax rather than a penalty, as the Trump administration had argued. Under the U.S. Constitution, the power to impose or delegate taxes rests with Congress.
Wrong.
“Here, the $100,000 payment requirement for all H-1B petitions does not aim to establish that hiring H-1B workers is illegal,” the filing said. “The payment is not a penalty… because it is not ‘punishment for an unlawful act or omission.’ Hiring workers pursuant to the H-1B program is plainly lawful.”
I wonder if this moron is aware of the massive levels of fraud being uncovered in the H1B program. The idea isn’t to “Tax” the visas, it’s to make it harder for companies to replace Americans with foreign wage slaves.
The fee also violated the Administrative Procedure Act (APA), which requires agencies to undergo a “notice-and-comment” period to gather public feedback, the judge ruled.
Sorokin said the agencies that implemented and enforced the fee failed to adequately explain their reasoning, consider alternative options or assess the policy’s potential consequences, and lacked a valid emergency or foreign-affairs justification for bypassing the process.
“[T]he mere fact that Defendants followed a presidential directive does not grant them free rein to ignore the requirements of the APA,” Sorokin wrote.
I’m not going to bother going into the arcane details of how rules and regulations are made. I am going to say that President Trump made it very clear why this was being done. That someone is saying “We don’t understand why” is a load of horse manure.
Trump introduced the fee last September, arguing the H-1B visa process was fueling the large-scale replacement of American workers and had “undermined both our economic and national security.”
His move to address the issue drew widespread criticism from business and tech leaders.
From 2024 through mid-2025, Amazon received 19,301 H-1B approvals, more than any other major tech company, according to USCIS data. Microsoft also secured 9,914, while Apple received 8,075.
And these companies have all misrepresented the truth on their H1B requirements. The H1B, as has been mentioned before, was meant to allow a company to bring in a foreign worker who had a skill set that was not available in the United States.
Instead, these tech companies are using the H1B visa program to bring in, literally, new graduates who have no experience at all. They train these people up and thanks to how the H1 B program works, pay them below market rates even when their skill set should see them earning more. If the worker complains or asks for more money, they can be told to get back to work or get on a plane back to wherever they came from, hence the term “Wage slave.”
The H1B Visa program needs to be shut down. It never worked the way it was advertised to. It’s also time to start holding these companies, their HR departments and their C-level managers accountable. While many, if not most of the members of Congress, on both sides of the aisle, are pretty much owned by Big Tech, Big Pharma, it’s time to start letting them know that changes need to be made.
In any case, the Trump administration is appealing this travesty of a ruling. Personally, I think this should be added to the list of reasons that Congress needs to start reigning in these judicial tyrants activists,
Thatisall
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