The Department of Homeland Security argued in a filing with the U.S. Court of Appeals for the First Circuit against a federal judge’s order striking down the $100,000 H-1B visa fee that it was not a tax or an unauthorized tax. U.S. District Judge Leo Sorokin of Massachusetts waived the fee in a June 8 ruling, granting requests from 20 Democratic-led states that had challenged the visa policy. The judge found that this infringed on Congress’s exclusive power to tax and violated the separation of powers. He agreed on June 12 to put his decision on hold pending the First Circuit’s ruling on the government’s motion to stay the appeal.The Department of Homeland Security told a Boston appeals court that fees imposed to restrict the flow of H-1B visas fall within its broad authority under federal immigration law, Bloomberg reported. The government believes that the one-time filing fee should not be considered a tax, but even if it is a tax, the president has the appropriate authority to order it.“Abuse of the H-1B program is a national security threat because it lowers American wages and discourages Americans from pursuing science and technology careers, thereby jeopardizing U.S. leadership in these fields, rather than replacing them with foreigners with allegiance to a foreign country,” the Department of Homeland Security said.The visa fees are part of a broader effort by the Trump administration to limit immigration into the United States. The president said companies are abusing the H-1B program, bringing in college-educated foreign workers to do jobs that could otherwise be performed by American workers. The department asked the court to continue enforcing the fee pending appeal.“Despite the President’s determination that their entry is harmful, more aliens are able to petition and enter the country every day,” the department said in court documents. “Even if defendants ultimately prevail on appeal, it will be difficult to revoke these visas and deport non-paying aliens.”
