Trump Action Archive

Supporting reports

• Federal judge invalidates Trump's $100,000 H-1B visa fee as unlawful tax — US District Judge Leo Sorokin in Boston issued a 42-page ruling invalidating Donald Trump's $100,000 annual fee on H-1B visa applications, which Trump had imposed via presidential proclamation in September 2025. Sorokin found the fee constituted an unlawful tax that violated federal administrative law and the Constitution, reasoning that only Congress possesses the power to levy taxes. The ruling vacated the fee, which represented a 20-to-50 fold increase over existing rates. The Trump administration is expected to appeal.
• Summary judgment ruling — State of California v. Noem (D. Mass.) 1:25-cv-13829 — Judge Sorokin granted Plaintiffs' motion for summary judgment, holding that the $100,000 payment requirement imposed on H-1B petitions under Proclamation 10973 is an unlawful tax exceeding the President's authority under the Immigration and Nationality Act (INA), and that the agency actions implementing it violated the APA by bypassing notice-and-comment, exceeding statutory authority, and being arbitrary and capricious. Specifically, Judge Sorokin found the Government's rationale for the payment requirement was “cursory,” lacked “reasoned explanation,” and failed to address the reliance interests of employers. The court vacated the implementing policy in its entirety and entered declaratory judgment that it is unlawful, declining to issue a separate permanent injunction. In the same order, Judge Sorokin denied Defendants' motion to dismiss except as to Plaintiffs' claims against the Department of Justice, the Attorney General, the Department of Labor, and the Secretary of Labor, which Plaintiffs had agreed to voluntarily dismiss and which the court dismissed without prejudice.
• Federal judge strikes down Trump's $100,000 H-1B visa fee — U.S. District Judge Leo T. Sorokin ruled that Trump's $100,000 H-1B visa fee is an unauthorized tax on businesses and must be vacated. The judge found the fee constitutes a tax rather than a penalty, meaning it cannot be imposed without congressional authorization. The precedent cited was the Supreme Court's Obamacare ruling in Sebelius.
• U.S. District Judge Leo Sorokin struck down Trump's $100,000 H-1B visa fee as an illegal tax requiring congressional approval. — In California v. Markwaple Mullin, U.S. District Judge Leo Sorokin ruled that Proclamation 10973, signed by Trump on September 19, 2025, imposing a $100,000 supplemental payment requirement on H-1B visa petitions, constitutes an illegal tax that must be enacted by Congress. The court found the fee would impede hiring of educators, harm public college staffing and academic research, and worsen medical worker shortages. The court struck down the policy.