Legality of Trump's $1 million "Gold Card" Visa
What's the administration thinking here?
Although not widely reported in the media, the legality of Trump Gold Card visas — which are being issued to those who pay his government $1 million — has been challenged in a new case.
Case: American Association of University Professors v. DHS
Through Executive Order and final agency action, the Trump Administration has created and implemented the payment-linked Gold Card program that alters how immigrant classifications, including the EB-1A “extraordinary ability” and EB-2 “exceptional ability” preference categories, are defined and how applications are processed. Under this program, Defendants treat a payment—which they term a “gift”—of at least $1 million by an individual, or $2 million by a corporation on behalf of an individual, to Defendant U.S. Department of Commerce (“Commerce Department”) as “evidence of eligibility” for those statutory classes of visas. This new pay-to-play program displaces the existing employment-based visa system and prioritizes wealth over intellect or ability.
...
By treating a payment to Defendant Commerce Department as evidence of statutory eligibility for EB-1 and EB-2 visas, and expediting consideration of applications from individuals who make the payment, Defendants both exceed their statutory authority and act contrary to longstanding laws and policies designed to attract highly talented individuals to the United States.
...
No statute, moreover, authorizes the President or Defendants to raise revenue by offering advantages to applicants for EB-1A or EB-2 visas or NIWs in return for a payment to Defendant Commerce Department.
I don't understand how this administration manages to come up with so many revenue-raising measures without congressional authorization.
Anyway, do you think the Trump administration has a plausible argument in this case?
What's the administration thinking here?
Although not widely reported in the media, the legality of Trump Gold Card visas — which are being issued to those who pay his government $1 million — has been challenged in a new case.
Case: American Association of University Professors v. DHS
Through Executive Order and final agency action, the Trump Administration has created and implemented the payment-linked Gold Card program that alters how immigrant classifications, including the EB-1A “extraordinary ability” and EB-2 “exceptional ability” preference categories, are defined and how applications are processed. Under this program, Defendants treat a payment—which they term a “gift”—of at least $1 million by an individual, or $2 million by a corporation on behalf of an individual, to Defendant U.S. Department of Commerce (“Commerce Department”) as “evidence of eligibility” for those statutory classes of visas. This new pay-to-play program displaces the existing employment-based visa system and prioritizes wealth over intellect or ability.
...
By treating a payment to Defendant Commerce Department as evidence of statutory eligibility for EB-1 and EB-2 visas, and expediting consideration of applications from individuals who make the payment, Defendants both exceed their statutory authority and act contrary to longstanding laws and policies designed to attract highly talented individuals to the United States.
...
No statute, moreover, authorizes the President or Defendants to raise revenue by offering advantages to applicants for EB-1A or EB-2 visas or NIWs in return for a payment to Defendant Commerce Department.
I don't understand how this administration manages to come up with so many revenue-raising measures without congressional authorization.
Anyway, do you think the Trump administration has a plausible argument in this case?
Legality of Trump's $1 million "Gold Card" Visa
What's the administration thinking here?
Although not widely reported in the media, the legality of Trump Gold Card visas — which are being issued to those who pay his government $1 million — has been challenged in a new case.
Case: American Association of University Professors v. DHS
Through Executive Order and final agency action, the Trump Administration has created and implemented the payment-linked Gold Card program that alters how immigrant classifications, including the EB-1A “extraordinary ability” and EB-2 “exceptional ability” preference categories, are defined and how applications are processed. Under this program, Defendants treat a payment—which they term a “gift”—of at least $1 million by an individual, or $2 million by a corporation on behalf of an individual, to Defendant U.S. Department of Commerce (“Commerce Department”) as “evidence of eligibility” for those statutory classes of visas. This new pay-to-play program displaces the existing employment-based visa system and prioritizes wealth over intellect or ability.
...
By treating a payment to Defendant Commerce Department as evidence of statutory eligibility for EB-1 and EB-2 visas, and expediting consideration of applications from individuals who make the payment, Defendants both exceed their statutory authority and act contrary to longstanding laws and policies designed to attract highly talented individuals to the United States.
...
No statute, moreover, authorizes the President or Defendants to raise revenue by offering advantages to applicants for EB-1A or EB-2 visas or NIWs in return for a payment to Defendant Commerce Department.
I don't understand how this administration manages to come up with so many revenue-raising measures without congressional authorization.
Anyway, do you think the Trump administration has a plausible argument in this case?
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