Federal Judge Blocks Trump’s H-1B Visa Fee
A federal judge in Boston has ruled against the Trump administration’s $100,000 fee on H-1B visas, finding it an unauthorized tax. The fee, which was significantly increased from the typical US$2,000–5,000, was intended to prioritize US citizens in the workforce. The administration is appealing this decision.
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Chief U.S. District Judge James Boasberg has temporarily halted the Trump administration’s attempt to deny visas to individuals it says have helped perpetuate censorship against Americans.
Boasberg, who has been a major judicial antagonist in President Donald Trump’s two administrations, issued a ruling earlier this month blocking the State Department from restricting visas to foreign officials and other foreign nationals deemed responsible for or complicit in the suppression of free speech in America. It found that while the federal government has a “legitimate interest in responding when foreign officials use sovereign power to suppress protected expression in the United States,” it is possible that the government is engaging in viewpoint discrimination and thus violating the First Amendment with its policies.
“At its core, this policy does not burden all conversations about platforms, all studies of content moderation, or all advocacy for online harms,” Boasberg wrote. “She presses on one side of the scale: the view that platforms should do more to moderate content, label misinformation, limit abuse, share data with researchers, or take responsibility for the harms their systems amplify.”
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U.S. District Judge James Boasberg in an official portrait in Washington, D.C., March 16, 2023. (Photo by Caroline Van Houten/The Washington Post via Getty Images) ( )
“In other words, the government is not against anyone who talks about running the platform. It is biased against those whose work favors more moderation, not less,” he added.
The State Department policy follows a Biden-era controversy when the Global Disinformation Index (GDI), which compiled supposed blacklists of some news websites, received funding from the federal government. Conservatives argue that GDI’s ratings have contributed to advertisers withholding revenue from conservative media outlets and that federal support for the organization is tied to free speech concerns.
The State Department policy suspended by Boasberg limited access to visas to individuals associated with GDI and similar organizations.
“The Trump Administration believes that foreigners who are or have been involved or complicit in the censorship of American citizens should face appropriate consequences,” an agency spokesperson told Fox News Digital. “A US visa is a privilege, not a right. Specific questions about this lawsuit should be directed to the Department of Justice.”
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FILE – This Sept. 22, 2014 file photo shows the E. Barrett Prettyman U.S. Courthouse in Washington. The American Civil Liberties Union is suing the Trump administration, arguing it is violating immigration laws and its own policies by detaining immigrants who have a compelling reason to seek asylum in the United States. The ACLU said it filed the lawsuit Thursday in U.S. District Court in Washington, alleging that Immigration and Customs Enforcement is detaining many asylum seekers for months while they await hearings before an immigration judge. (AP Photo/Susan Walsh, File)
Boasberg presided over several high-profile cases challenging the actions of the second Trump administration. He temporarily blocked the administration’s rapid deportation of Venezuelan migrants and ordered officials to preserve Signal messages in which senior national security officials discussed planned U.S. strikes in Yemen.
The clashes made Boasberg a target of Trump, who called for his impeachment.
The Justice Department filed a misconduct complaint against him and accused him of abuse of power. Chief Justice John Roberts rejected impeachment as a response to an unfavorable decision.
Boasberg was first nominated to the federal bench by President Barack Obama in 2010.
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U.S. Sen. Eric Schmitt, R-Missouri, questions FBI Director Kash Patel during a Senate Judiciary Committee hearing on “Oversight of the Federal Bureau of Investigation” on Capitol Hill. (Photo by Jim WATSON/AFP) (Photo by JIM WATSON/AFP via Getty Images) (AFP via Getty Images)
“A visa is a privilege, not a constitutional right,” Sen. Eric Schmitt, R-Missouri, wrote of the X decision. “The First Amendment protects the right of the American people to speak. It does not require the American people to allow in foreign actors who are working to restrict the word.”
The lawsuit against the State Department’s policy was originally brought by the Coalition of Independent Technology Research (CITR), a nonprofit organization representing scientists and journalists.
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Although Boasberg has temporarily suspended his visa policy, he has not yet ruled on the merits of the case, meaning the policy could still survive his trial. Additionally, the State Department can still seek appellate review of its temporary order blocking their policy.
CITR and the State Department did not respond to requests for comment when contacted by Fox News Digital on Thursday.