Since the beginning of Donald Trump’s second term in January, legal disputes have continued over his administration’s policies, especially with Democratic states. This time, an important immigration policy of the Trump administration, the $1,00,000 fee increase on H-1B visas, is going to be challenged in court by 19 states. These include California, New York, Illinois and other states.

Lawsuit over H-1B visa fee increase
California and other states have filed lawsuits against the Trump administration. The H-1B program allows US employers to hire foreign workers for specialized occupations, as described by the US Department of Labor.

California Attorney General Rob Banta wrote on Twitter that Trump’s illegal new $100,000 H-1B visa fee could hinder the recruitment of teachers, physicians, researchers, nurses and other critical workers and jeopardize California’s ability to provide essential services. According to a press release from Banta’s office, this new fee could pose a costly barrier to employers, especially public and government institutions, who are trying to fill these positions.

When and where will the case be filed
According to Reuters report, this lawsuit will be filed on Friday (local time) and will be presented in the Federal Court of Massachusetts. This will be at least the third legal challenge. Earlier this increased fee was challenged by the US Chamber of Commerce and a coalition of unions, employers and religious groups.

What is this policy?
According to Banta’s office, the lawsuit states that this policy, implemented by the Department of Homeland Security (DHS), is a clear violation of the law. This is because it imposes burdensome fees outside the limits authorized by Congress, goes against the intent of Congress in establishing the H-1B program, bypasses essential rulemaking processes, and exceeds the power granted to the executive branch under the Administrative Procedure Act (APA).

Generally, the H-1B visa fee is set by DHS under the APA’s notice and comment process and is limited to the amount necessary to carry out the agency’s work. The lawsuit says that while an employer typically pays fees ranging from $960 to $7,595 when filing an initial H-1B petition, the new increased fee far exceeds the actual cost.

Banta’s statement
“No president can arbitrarily destabilize our schools, hospitals and universities, and no president can ignore Congress, the Constitution or the law,” Banta said at a press conference on Friday.

charge of disregard of procedure
The states also alleged that the increased fees were issued without the notice-and-comment process required by the APA and did not fully consider the impacts, particularly on the delivery of critical services by government and non-profit entities.

State filing suit
Besides California, the other states are: Massachusetts, Arizona, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Michigan, Minnesota, Nevada, North Carolina, New Jersey, New York, Oregon, Rhode Island, Vermont, Washington, and Wisconsin. Attorneys General of California Rob Banta and Joey Campbell of Massachusetts are leading attorneys general of other states in filing the lawsuit.

Donald Trump: The Executive Order signed by US President Donald Trump to resume the elections is now caught in new legal troubles. Democratic officials of 19 states have filed a lawsuit to stop this order. He says that it is unconstitutional and snatches the rights to hold their elections from the states.

Donald Trump’s executive order has now been mired in legal challenges to make the election rules strict in the US. Under this order, it will be necessary to give documentary evidence of citizenship for voter registration. All ballots should be obtained till the day of election. States will have to share voter lists and work with federal agencies to take action on election crimes. If the states do not do this, then their funding can be cut.

States objected

Democratic Attorney General of American states, who has filed a case against Trump’s order, says that the states have every right to decide how to conduct elections there. In the court documents reported by the Associated Press, he said, ‘The President has no right to do so. This election process is unconstitutional, anti-democracy and non-American.

19 states filed suit in court

19 states have filed a case against Trump’s election order in the US District Court in Massachusetts. These states include Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Road Island, Vermont and Visconsin.

It has been claimed in the trial that the US President does not have a constitutional right to change the election processes of the states. The Congress has the right to make rules for the federal elections, but it cannot interfere in the election administration. States have the right to set their election rules, including determining election time, location and method. New York Attorney General Latitia James said, “We are a democracy, not a monarchy. This executive order is a dictatorial attempt to occupy power.”