38.6c New Delhi, India, Tuesday, June 25, 2024
International

US Judge Blocks Trump’s H-1B Visa Ban

By Parul Singhal      05 October, 2020 04:15 PM      0 Comments
US Judge Blocks Trump’s H-1B Visa Ban

A federal judge has blocked the enforcement of the H-1B visa ban issued by President Donald Trump this year, saying the president exceeded his constitutional authority. 

The order was issued on Thursday (1st Oct 2020) by District Judge Jeffrey White of the Northern District of California. 

The lawsuit against the Department of Commerce and Department of Homeland Security was filed by companies represented by the National Associated of Manufactures, US Chamber of Commerce, National Retail Federation, and TechNet. 

In June, a temporary ban had issued on issuing new H-1B and other foreign visas including H-2B, J, and L visas, till the end of the year. 

The president had argued that the United States needs to save and protect jobs for its domestic workforce at a time when millions of them lost their jobs due to the outbreak of a pandemic.

In the order of the federal judge, he said “Congress’s delegation of authority in the immigration context does not afford the president unbridled authority to set domestic policy regarding the employment of non-immigrant foreigners. Such a finding would render the president’s Article II powers all but superfluous.” Judge White wrote in his 25-page order.

“Indeed, there must be some measure of constraint on the presidential authority in the domestic sphere in order not to render the executive an entirely monarchical power in the immigration context, an area within clear legislative prerogative. Such unrestricted authority would be contrary to Congress’ explicit delegation of powers in foreign affairs and national security,” White said. 

If the fact that immigrants come from other countries inherently made their admission foreign relations subject to the President’s Article II power, then all this law would be superfluous, the judge said. 

The ruling given by Judge White is different with an order passed by District Judge Amit Mehta of the District of Columbia in August who ruled that he does have the power to enjoin the ban while the litigation is underway. “the wisdom of the president’s decision to address those changed circumstances by restricting the entry of certain classed of aliens is a policy decision the judiciary is not well equipped to evaluate” Judge Shah said. 



Share this article:



Leave a feedback about this
TRENDING NEWS

kejriwal-moves-sc-against-delhi-hc-order-blocking-his-release-in-liquor-policy-case-plea-seeking-urgent-hearing-likely-to-be-mentioned-today
Trending Judiciary
Kejriwal moves SC against Delhi HC order blocking his release in Liquor Policy case; plea seeking urgent hearing likely to be mentioned today

Kejriwal moves SC against Delhi HC order halting his bail in liquor policy case; urgent hearing plea likely to be mentioned today.

24 June, 2024 10:47 AM
uapa-tribunal-confirms-ban-upon-two-jk-outfits
Trending Executive
UAPA Tribunal confirms ban upon two J&K outfits

UAPA Tribunal confirms ban on ‘Muslim League J&K’ and ‘Tehreek-e-Hurriyat J&K’ for secessionist activities under Section 3(1) of the anti-terror law.

24 June, 2024 11:10 AM

TOP STORIES

mk-stalin-urges-amit-shah-to-withdraw-new-criminal-laws
Trending Executive
MK Stalin Urges Amit Shah to Withdraw New Criminal Laws

Tamil Nadu CM Stalin urges Home Minister Amit Shah to withdraw new criminal laws, citing lack of consultation and fundamental errors in the enactments.

19 June, 2024 11:16 AM
calcutta-hc-mandates-reservation-for-transgenders-in-west-bengal-public-employment
Trending Judiciary
Calcutta HC mandates 1% reservation for transgenders in West Bengal Public Employment [Read Order]

Calcutta HC directs 1% reservation for transgenders in West Bengal public employment, ensuring equal opportunities and implementing Supreme Court’s 2014 mandate.

19 June, 2024 11:33 AM
supreme-court-to-organise-special-lok-adalat-from-july-to-aug-to-mark-its-th-anniversary
Trending Judiciary
Supreme Court to organise Special Lok Adalat from July 29 to Aug 03, to mark its 75th anniversary [Read Press Release]

Supreme Court to organize Special Lok Adalat from July 29 to August 03 to facilitate amicable settlements of pending cases, marking its 75th anniversary.

19 June, 2024 11:50 AM
post-office-act-comes-into-force-repeals-year-old-legislation
Trending News Updates
Post Office Act 2023 comes into force, repeals 125 year old legislation [Read New Post Office Act]

India enacts the Post Office Act 2023, replacing the 125-year-old Indian Post Office Act of 1898, to modernize and regulate postal services.

19 June, 2024 12:29 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email