Court Battles

Trump visa ban partially blocked by federal judge

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U.S. President Donald Trump speaks during a news conference in the Briefing Room of the White House on September 27, 2020 in Washington, DC. 

A federal judge in California blocked President Trump’s ban against many of the largest companies in the country bringing in foreign workers under H-1B and other employment-based visas. 

The ruling applies only to workers for companies represented by the plaintiffs in the suit: the National Association of Manufacturers (NAM), the U.S. Chamber of Commerce, the National Retail Federation and TechNet. 

“We are grateful the court recognized the real and immediate harm these restrictions have meant for manufacturers right now and stopped this misguided policy until the court can fully consider the matter,” NAM Senior Vice President and General Counsel Linda Kelly said in a statement.

“Today’s decision is a temporary win for manufacturers committed to building that innovation in the United States,” Kelly added.

In June Trump issued an executive order suspending the issuance of temporary work visas, including H-1B visas, H-2B visas, H-4 visas, L-1 visas and certain J-1 visas, through the end of 2020. H-1B visas are set aside for skilled workers, particularly in the technology industry. 

U.S. District Judge Jeffrey S. White, a George W. Bush appointee, said Trump likely exceeded his authority in the order. 

“Congress’ delegation of authority in the immigration context … does not afford the President unbridled authority to set domestic policy regarding employment of nonimmigrant foreigners,” White wrote. “Such a finding would render the President’s Article II powers all but superfluous.”

Tags Chamber of Commerce Donald Trump H-1B visa National Association of Manufacturers National Retail Federation work visas

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