WASHINGTON — A federal judge in Massachusetts Monday struck down the Trump administration’s efforts to require a $100,000 visa fee for highly skilled immigrant workers, finding the policy is an unlawful tax.

Judge Leo T. Sorokin found the hefty fee placed on the H-1B visa by President Donald Trump exceeded his authority by creating a tax, something that falls under Congress’ authority.  

“The President has no authority to levy a tax unless such a power is delegated by Congress through statute,” Sorokin, who was nominated by former President Barack Obama, wrote. “For these reasons, the Court finds that the Policy imposes a tax on H-1B petitions without the requisite delegation by Congress.”

The H-1B program allows a U.S. employer to hire a noncitizen worker in a specialty occupation for a maximum of six years, ranging from the technology industry to healthcare workers. At a minimum, visa applicants have to hold a bachelor’s degree.

A Department of Homeland Security spokesperson said in a statement to States Newsroom that the agency disagrees “with this blatant judicial activism dismantling President Trump’s historic efforts for immigration reform.”

“The recent changes to the H-1B visa program, including the increased fee, are intended to address concerns about program integrity and the impact on the U.S. workforce,” the spokesperson said. “The policy aims to ensure that employers prioritize hiring U.S. workers, particularly in high-skilled fields. The Trump Administration remains committed to safeguarding opportunities for American workers and maintaining the integrity of employment-based visa programs.”

The suit was brought by 20 states: California, Massachusetts, Arizona, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Michigan, Minnesota, Nevada, New Jersey, New York, North Carolina, Oregon, Rhode Island, Vermont, Washington state and Wisconsin. 

In September the Department of Homeland Security issued a proclamation requiring employers to pay a $100,000 fee for a noncitizen to enter the U.S. under a H-1B visa. 

Attorneys squared off in federal court again Wednesday over the fate of former Milwaukee judge Hannah Dugan, who was convicted of obstructing immigration agents when they went to her courtroom to arrest a man last year. What was initially set to be a sentencing hearing for Dugan was postponed, replaced by oral arguments on a motion from Dugan’s attorneys to overturn her conviction.

A  jury found Dugan had obstructed a “proceeding” when she allowed a man living in the U.S. without legal documentation and his attorney to exit out of the courtroom into a non-public hallway. Prosecutors argued her action was to avoid immigration agents who waited in the hallway. 

Dugan’s attorneys argued that a recent appeals court ruling held that federal immigration enforcement actions are not “pending proceedings.” As a result, the attorneys argued Wednesday, improper instructions were given to the jury by U.S. District Judge Lynn Adelman during the high-profile trial in December. 

Prosecutors countered that the jury instructions were correct, and that the case Dugan’s lawyers cited does not apply to Dugan. 

Adelman now must consider whether to rely on the original guilty verdict, or to overturn the jury’s decision. Adelman denied the defense’s request for a new trial or for Dugan to be acquitted in April, WPR reported.