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IG_Semmelweiss 13 hours ago

I assume immigration fees are solely the purview of the executive, is that correct ?

I also would think that if this fee is applied to some countries and not others, it would pass muster since its the same as with tariffs - they don't need to be universal (or uniform).

I am not clear on the mechanics of this though. Is the fee is annual, one-time or renewal; but i suppose this will be cleared up once the EO is released if it hasn't already ?

CSMastermind 11 hours ago | parent | next [-]

Congress gave the president broad authority to regulate the immigration process. Trump's executive order cites two statutes cited below.

I'm not a lawyer so it's possible, even likely that there's something I'm missing but to my laymans reading of the law it would seem to me he has the authority to put basically whatever process he wants into place.

Section 215(a) of the Immigration and Nationality Act (INA), codified at 8 U.S.C. § 1185(a), states exactly:

Unless otherwise ordered by the President, it shall be unlawful—(1) for any alien to depart from or enter or attempt to depart from or enter the United States except under such reasonable rules, regulations, and orders, and subject to such limitations and exceptions as the President may prescribe;

Section 212(f) of the Immigration and Nationality Act (INA), codified at 8 U.S.C. § 1182(f), states exactly:

Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate.

vkou 13 hours ago | parent | prev [-]

Law requires these fees to be ~essentially the cost of processing.

So that EO is almost certainly illegal, and will be litigated.

throwaway95914 11 hours ago | parent | next [-]

I'm absolutely not a lawyer, so may be mistaken, but the fees for I-129 / DS-160 are not explicitly mentioned anywhere. Instead the fee seems to be an entry fee, which is orthogonal to the actual visa (meaning ; you can have a visa but not be granted entry, or maybe be granted entry under a different program but then with no lawful work permit).

Personal Experience: H1B/Work PERM/Personal PERM/EADs/Naturalization

jrs235 11 hours ago | parent | prev [-]

Assuming thoughtful intent is in use, perhaps this is a fishing attempt to see what corporations will challenge and litigate; an attempt to identify opposition and to add targets to punish next.