US federal judge blocks Trump’s H-1B visa ban

Vastavam web: A federal judge has blocked the enforcement of the H-1B visa ban issued by President Donald Trump in June this year, saying the president exceeded his constitutional authority. The order was issued on Thursday by District Judge Jeffrey White of Northern District of California. In June, Trump had issued an executive order that had put temporary bar on issuing of new H-1B and other foreign visas including H-2B, J and L visas, till the end of the year. A number of IT companies and other US firms, and those representing them had voiced their opposition to the temporary ban.

Manufacturers went to court to challenge the administration’s ban on certain visas because the restrictions both undermined the industry at a critical time and conflicted with the law, said NAM senior vice president and general counsel Linda Kelly. “We are competing with the rest of the world to find and develop top talent to support innovation in our industry. The judge noted that the text of Article I and more than two centuries of legislative practice and judicial precedent make clear, the Constitution vests Congress, not the President, with the power to set immigration policy.

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 of this law would be superfluous, the judge said.