The court overruled limits on visas for hundreds of thousands of foreign workers during the coronavirus pandemic
President Donald Trump signs an executive order to try to bring jobs back to American workers and revamp the H-1B visa guest worker program during a visit to the headquarters of tool manufacturer Snap-On on April 18, 2017 in Kenosha, Wisconsin
Image: Scott Olson/Getty Images
LOS ANGELES — A federal judge ruled Thursday that President Donald Trump overstepped his authority in suspending new visas for hundreds of thousands of foreign workers amid the coronavirus pandemic, enabling major companies like Microsoft, Goodyear Tire and Exxon Mobil to resume bringing employees from abroad.
Judge Jeffrey S. White of U.S. District Court for the Northern District of California temporarily blocked further implementation of the sweeping order, issued in June, as it applied to thousands of companies seeking to bring workers to the United States on a wide array of visas, including the H-1B for high-skilled workers, seasonal employees on guest-worker visas and others, such as au pairs, who enter the country on cultural exchange visas.
“Congress’ delegation of authority in the immigration context does not afford the President unbridled authority to set domestic policy regarding employment of nonimmigrant foreigners,” the judge wrote in his 25-page decision.
“Indeed, there must be some measure of constraint on Presidential authority in the domestic sphere in order not to render the executive an entirely monarchical power in the immigration context, an area within clear legislative prerogative,” said White, who was appointed by President George W. Bush.
The president had said that his proclamation, initially effective until Dec. 31, would protect Americans from foreign competition for jobs amid soaring unemployment caused by the coronavirus pandemic. In his proclamation, he described the entry of additional workers under work visas as an “unusual threat to the employment of American workers.”
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