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"
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 Attorney General Dan Rayfield, leading a bipartisan coalition of 48 other state and territorial attorneys general, sent a letter urging the FCC to strengthen its 'Know Your Upstream Provider' (KYUP) rule so phone companies must properly vet, continuously monitor, and cut ties with upstream providers that facilitate illegal robocalls and caller ID spoofing. The coalition asks the FCC to set minimum vetting standards, require periodic re-checks rather than one-time contract reviews, strengthen caller ID authentication across the call chain, impose meaningful penalties, and mandate record-keeping for investigators. No fine or injunction was imposed; the letter notes Americans received more than 29.6 billion scam robocalls and texts last year and lost nearly $2 billion to these scams.
Attorney General Dan Rayfield and a coalition of 21 attorneys general and Pennsylvania filed lawsuits against the U.S. Department of Transportation, FMCSA, and AAMVA to block demands for a database containing personal information of 17 million commercial drivers. The federal government threatened to withhold $10 million in funding unless the data was turned over, which the coalition argues violates privacy law.
Oregon Attorney General Dan Rayfield co-led a coalition of 10 states in a federal lawsuit against the Office of the Comptroller of the Currency (OCC) to block a rule that invalidates state laws requiring mortgage lenders to pay interest on escrow accounts. The lawsuit argues the OCC's rule oversteps federal authority, gives national banks a competitive advantage over state-chartered banks, and takes money away from homeowners.
A federal judge ruled that Nexstar Media Group violated a court order requiring it to keep TEGNA Inc. operating as an independent company while a multistate antitrust lawsuit challenging the merger proceeds. The court found that Nexstar installed its own executives on TEGNA's board, failed to disclose the appointments, and lacked candor with the court. The court ordered Nexstar to comply immediately, file status reports, respond to discovery, and turn over board and financial documents, with a special master to oversee compliance.