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WOOT!! COURT STRIKES DOWN TRUMP’S *IMPERMISSIBLE* ‘TAX’ ON H1B VISA APPLICATIONS!
by Anne P. Mitchell, Esq. – zero hyperbole and 100% facts in plain English about what’s going on with this administration and the law (yes it is fine to share this article) 
In Trump’s inexorable desire to ‘keep those danged furners’ out of the United States (never mind that his own wife is one of those danged foreigners), he attempted to impose a requirement that anybody’s application for an H1B visa would have to be accompanied by tribu..er.. payme… er, let’s call it what it is, a tax, of $100,000.
For those who are not familiar, an H1B visa is the visa that employers use to hire non-citizens. It is *not* an immigration visa. It is very specifically a work visa allowing the individual to work within the United States for that particular employer. It is used extensively, for example, in Silicon Valley (I know this because I lived there and in fact was married to a danged forei.. er.. H1B visa holder). In fact, it wouldn’t surprise me at all if this was not only part of Trump’s white-hot fury over foreigners within our borders, but his personal vendetta against California.
This past September Trump issued a proclamation stating that any application for an H1B visa must be accompanied by a payment of $100,000.
For those who are wondering, the difference between a presidential proclamation and an executive order is that, and here I quote the state department, “Executive Orders are generally issued by the President to direct and govern the business and activities of government agencies whereas Proclamations are announcements of policy or matters requiring public notice.”
Trump’s proclamation said, in part, that “the entry into the United States of aliens as nonimmigrants to perform services in a specialty occupation… is restricted, except for those aliens whose petitions are accompanied or supplemented by a payment of $100,000”
You have to say one thing for Trump, he’s consistent in his extortion.
Well, the Plaintiffs (the State of California; Commonwealth of Massachusetts; State of Arizona; State of Colorado; State of Connecticut; State of Delaware; State of Hawaiʻi; State of Illinois; State of Maryland; State of Michigan; State of Minnesota; State of Nevada; State of New Jersey; State of New York; State of North Carolina; State of Oregon; State of Rhode Island; State of Vermont; State of Washington; and State of Wisconsin) sued, claiming among other things that this was nothing more than a tax in wolf’s clothing, and that in addition to no clothes, the emperor has no taxing power. Nor did he have the authority under the Immigration and Nationality Act (INA) to proclaim this, and, of course, that it also violated the Administrative Procedure Act (APA).
Judge Leo Sorokin of the U.S. District Court in Massachusetts quickly cut through the presidential BS, and in his 42-page order (included for Notes from the Front members) he shredded each of all of the defendants’ weak-*ss arguments (those defendants are/were Kristi Noem, Marco Rubio, Chavez-Deremer (Sec of Labor), Pamela J. Bondi, United States Department Of Justice; and the United States of America – although now Noem and Bondi have been replaced as defendants by their allegiance-identical counterparts).
And then Judge Sorokin ISSUED A JUDGEMENT. Not a “to be continued at some later date”. A “this thing is done cooking and I stuck a fork in it and so let it be written, so let it be done” final judgement, granting the Plaintiffs’ request for *summary judgement*, and concluding with:
“The Policy implementing the Proclamation is declared unlawful and is VACATED in its entirety. The Clerk shall enter judgment in favor of Plaintiffs and against Defendants, with each side bearing its own fees and costs.”
Of course, today the administration appealed, but at this point it’s all just pro forma whether they think they can win or not.
Notes from the Front members: the original source document is in your inbox now!
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P.S. If you actually read all the way to the bottom please leave a comment that includes the word “extortion”. It will show me that my efforts aren’t in vain and that people actually *do* read these things, and it will drive those who just skim crazy wondering just why everyone is talking about extortion! ;~)
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