Other enforcement action: Oregon Attorney General Dan Rayfield, joined by 18 other states, sued the Trump Administration over its unlawful $100,000 fee for H-1B visa petitions. The lawsuit alleges that the policy violates the Administrative Procedure Act by exceeding congressional authority and bypassing required rulemaking procedures, harming educational institutions and employers.
The lawsuit seeks an injunction to prevent the enforcement of the $100,000 fee policy and to declare it unlawful.
In-house legal teams should review employment agreements, independent contractor contracts, and vendor agreements that involve H-1B visa sponsorships or foreign worker hires. Focus on clauses addressing visa application fees, cost allocation for immigration processes, compliance with government regulations, and provisions for handling fee changes or new governmental impositions. Specifically, examine terms related to fee burden sharing, regulatory adjustment mechanisms, and adherence to administrative procedures like the Administrative Procedure Act. Potential changes may include amending contracts to clarify responsibility for new fees such as the $100,000 H-1B petition fee, incorporating clauses that allow for fee adjustments due to regulatory changes, and ensuring alignment with congressional intent to avoid violations.
Entity
U.S. Department of Homeland Security
Also known as: Department of Homeland Security
Industry
OtherOfficial Press Release
https://www.doj.state.or.us/media-home/news-media-releases/ag-rayfield-sues-over-trumps-unlawful-100k-fee-for-specialized-work-visasattorney-general-rayfield-sues-over-trump-administrations-unlawful-new-100k-fee-for-h-1b-visa/
Oregon Attorney General Enforcement Page
https://www.doj.state.or.us/consumer-protection/
"implemented by the Department of Homeland Security (DHS)"
"Administrative Procedure Act (APA)"
"imposes a massive fee outside of the bounds of what is authorized by Congress"
Virginia Attorney General Jay Jones joined a coalition of attorneys general in filing an amicus brief challenging DHS’s practice of conducting warrantless civil immigration arrests without determining whether individuals are likely to escape before a warrant can be obtained. The release reports that a district court had previously granted a preliminary injunction in the underlying case; it does not report a penalty or a new remedy imposed on DHS by this brief.
Connecticut Attorney General William Tong joined a coalition of 22 attorneys general in filing an amicus brief challenging DHS’s policy and practice of conducting warrantless civil immigration arrests. The press release describes a court challenge, not a privacy enforcement action or monetary penalty.
Connecticut Attorney General William Tong joined a coalition of 21 attorneys general in submitting a comment letter opposing a DHS rule that allows certain affirmative asylum applications to be referred to removal proceedings without an asylum officer interview. The coalition argues the rule violates federal law and harms asylum seekers, including unaccompanied children; this was a policy opposition letter, not a privacy enforcement action.
Attorney General Jay Jones joined a coalition of 26 states to sue the Trump administration over unlawful conditions attached to counterterrorism and emergency funding. The conditions would require states to share voter data with DHS and assist in immigration enforcement, which the coalition argues violates the Administrative Procedure Act and the Spending Clause.
California Attorney General Rob Bonta co-led a coalition of 18 attorneys general in submitting a comment letter opposing the Department of Homeland Security's expansion of the Systematic Alien Verification for Entitlements (SAVE) program to include U.S.-born citizens. The coalition argues the expansion violates the Privacy Act of 1974, creates a massive surveillance database, increases data breach risks, and will lead to inaccurate verifications and denial of benefits.
Oregon and a bipartisan coalition of states filed a notice in Character Technologies, Inc.’s bankruptcy proceedings raising concerns about the company’s safety and privacy practices and the sensitive information it holds, including children’s chatbot conversations. The filing calls for protections if the company’s business or assets are sold or transferred; the release does not report a penalty or court-ordered remedy.