A federal judge has delivered a major legal defeat to President Donald Trump’s immigration agenda, striking down his administration’s $100,000 H-1B visa fee as an unconstitutional tax imposed without congressional approval. U.S. District Judge Leo Sorokin ruled on June 8, 2026, that the administration exceeded its executive authority by implementing the massive fee increase.
The 42-page decision from the Boston-based judge, appointed by former President Barack Obama, vacates the entire policy and represents a complete victory for 20 Democratic state attorneys general who brought the challenge. The fee increase vaulted the cost of obtaining an H-1B visa from the typical $2,000–$5,000 to six figures.
“The substance and application of the $100,000 payment reveal that it is a tax, regardless of what the payment is called,” Sorokin wrote.
The Tax Question at the Heart of the Ruling
The administration defended the charge as a financial penalty within the president’s authority to restrict entry of foreigners considered “detrimental to the interests of the United States.” But Sorokin rejected that argument, finding the policy violated the Administrative Procedure Act by bypassing required notice-and-comment procedures. The judge cited a February 2026 Supreme Court decision that determined tariffs imposed by Trump in 2025 constituted taxes that the president lacked authority to levy.
“While the Executive has broad discretion over the admission and exclusion of aliens, … that discretion is not boundless,” Sorokin wrote, determining the policy “imposes a tax on H-1B petitions without the requisite delegation by Congress.” While the Immigration and Nationality Act grants presidents expansive power over noncitizen entry, he concluded, it falls short of authorizing them to impose taxes.
Trump announced the fee increase in September 2025, arguing that H-1B visa holders suppress American wages and that foreign workers were saturating science, technology, engineering and math fields. The federal government issues 65,000 H-1B visas annually, with an additional 20,000 set aside for workers holding advanced degrees. The visas serve as critical tools for technology companies, universities, hospitals and other employers seeking highly skilled foreign workers.
A Six-Figure Barrier for Skilled Workers
Court filings detailed swift chaos following the September proclamation. Employers proved largely unwilling to absorb the new charge, and anxiety erupted among visa holders. At San Francisco’s airport, some passengers on a Dubai-bound Emirates flight demanded to get off the aircraft, fearing they would be unable to return if they departed the country.
As the administration constructed the six-figure obstacle for engineers and scientists, it simultaneously launched a separate track for the extremely wealthy. Trump promoted the “Gold Card” visa on September 19, 2025, creating a fast-track pathway for affluent foreigners and corporations willing to pay $1 million.
White House spokesperson Taylor Rogers indicated the administration would appeal, stating that Trump possesses clear legal authority to restrict entry of any class of aliens he determines is not in America’s best interests. Speaking Monday evening, Trump criticized the judiciary, saying these federal judges are giving the administration a hard time and hurting the country.
A MAGA Civil War Over Foreign Talent
The ruling arrives amid bitter division within Trump’s political coalition over skilled immigration. Silicon Valley conservatives, including Elon Musk — who once held a visa himself — contend that foreign engineers and scientists remain essential to American dominance in artificial intelligence and advanced manufacturing. Nationalist hardliners view H-1B as a wage-suppression mechanism. Steve Bannon has characterized the program as a tool for displacing American workers with cheaper foreign alternatives, while Fox News host Laura Ingraham has maintained that companies exploit the visas to avoid hiring U.S. graduates.
During an October 2025 interview with Ingraham, Trump angered his base by defending the visa program, acknowledging the nation lacked sufficient talented workers. He reinforced that position at a U.S.-Saudi investment forum, citing massive chip manufacturing projects in Arizona that demand imported expertise to proceed.
Another Judicial Setback
The decision represents another courtroom loss. In 2025, Sorokin became the fourth judge to impose a nationwide injunction against Trump’s executive order attempting to curtail birthright citizenship, finding the measure likely violated the 14th Amendment. That case has since advanced to the Supreme Court, where a decision is pending.
Trump has pursued an aggressive immigration crackdown since returning to office, implementing stricter visa regulations, expanded deportation programs and measures to restrict asylum access. The coming appeal of Sorokin’s H-1B ruling will test again whether executive authority can expand beyond the Constitution’s explicit grant of taxing power to Congress.