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There is a case that’s in front of the US Supreme Court that may decide whether federal law gives the President’s high-ranking officials unlimited power to hand out work permits… even when Congress has set clear rules on which migrants can work in the United States.
This is a very important fight because the outcome could either uphold Congress’s authority or give unelected bureaucrats free rein to do whatever the heck they want.
Unfortunately, in this particular case, Trump’s own Justice Department appears to be siding with the wrong team. Instead of defending the American worker, the very heart of the America First agenda, DOJ lawyers told the Court that the Attorney General can give work permits to certain migrants. What’s even more concerning is this is the same legal argument that was made under Barack Obama.
This case centers around a 2015 Obama-era rule that granted work permits to the spouses of H-1B visa holders, a scandal-riddled program already infamous for replacing qualified Americans with cheaper foreign labor. The lawsuit challenging the rule was launched by American workers, hell-bent on protecting their jobs from yet another backdoor foreign giveaway scheme.
President Donald Trump’s deputies told the U.S. Supreme Court on Friday that the Attorney General can give work permits to migrants, even though Congress explicitly bars the hiring of illegal migrants.
“Congress authorized the Secretary to include eligibility for employment among the conditions that attach to a nonimmigrant’s admission and continued presence in this country,” the Department of Justice (DOJ) said in a court-ordered response to a 2015 lawsuit that has been ping-ponged by four sets of judges.
The lawsuit was launched by American professionals against President Barack Obama’s 2015 decision to provide work permits to the spouses of the H-1B workers widely used to replace American professionals. Obama’s deputies justified the jobs giveaway by saying it helped companies to retain white-collar workers imported from India and other nations.
“This document gives the impression that the Trump administration is not in control of the Justice Department,” responded John Miano, a lawyer at the Center for Immigration Studies who has fought for American professionals since 2015. “This is the sort of [out-of-control migration] thing that Trump ran on, but the DOJ document is like a cut-and-paste from the briefs filed by Obama,” he told Breitbart News.
“I thought we were getting something different with Donald Trump,” Miano said.
The Justice Department’s legal brief also says that American professionals should not be allowed to sue the government over the 2015 giveaway because they cannot prove they suffer direct economic harm from additional foreign workers. Without harm, the Americans do not have the legal standing to bring a lawsuit, the department claims:
Petitioner did not identify a single member who is ‘suffering immediate or threatened injury’ that is fairly traceable to the 2015 rule… None of the three members who submitted declarations provided any basis to believe that he or she would compete [for a job in the future] against such an H-1B worker, making an injury based on such competition entirely speculative.
But the DOJ admitted that “In 2019, the [DC] court of appeals [decided] that petitioner had standing because the [Obama] rule would ‘subject its members to an actual or imminent increase in competition,’” for jobs.
Here’s an X thread from the US Tech Workers account that breaks down the damage and calls out Team Trump for backing the wrong side on this one:
Trump admin is defending an Obama-era policy that grants work authorization to the spouses of H-1B workers from India in the Green Card queue — even though Congress never approved it — and is urging SCOTUS to toss out a case brought by former U.S. tech workers.
In 2015, Obama’s DHS unilaterally gave certain H-4 visa holders — spouses of H-1B guest workers — the right to work in the U.S., even though Congress never approved it. This has opened the door for hundreds of thousands of additional foreign workers to compete directly with Americans for jobs, despite the original H-4 visa having no work privileges.
While H-1B workers are bound to their employers and must file a labor condition application to ensure they are paid a prevailing wage and that their presence won’t harm American workers (though it’s obviously a rigged process), H-4 EAD holders face none of those requirements — they can work ANY job at ANY wage level.
One major effect of this Obama rule is that a whole cottage industry has popped up where IT body shops sell Green Card sponsorships so H-1B workers can get their spouses H-4 EADs. This makes the Green Card backlog grow even larger, and those H-4s often end up being hired by the body shops, ensuring the system favors a single group from one country in securing IT contract jobs.
The gov’t defends this rule on the grounds that if H-1B workers’ spouses can’t work, these families might (gasp) leave the U.S. — and employers could lose their prized foreign labor. This is the response given under the current Trump admin:
If SCOTUS rules this program was created illegally to bypass Congress, it sets a precedent that the executive branch can’t just invent immigration policies. DACA, STEM-OPT & more could be wiped out. You’d think Trump’s DOJ would use this for their America First agenda, but they seem to be defending business interests.
If SCOTUS rules this program was created illegally to bypass Congress, it sets a precedent that the executive branch can’t just invent immigration policies. DACA, STEM-OPT & more could be wiped out. You’d think Trump’s DOJ would use this for their America First agenda, but they…
— U.S. Tech Workers (@USTechWorkers) August 9, 2025
So, what’s really happening here? In short, the Trump admin is defending an Obama-era loophole that hands out work permits that Congress never approved. And what this does is open the door for more foreign competition in an already rigged job market.
This case is about more than H-4 visas. It’s about whether the executive branch can bypass Congress entirely and basically invent immigration policy out of thin air. And that’s pretty scary stuff.
If the Supreme Court does the right thing and sides with the former US tech workers, it could shut down this backdoor pipeline and set a precedent that reins in any future attempt to sidestep Congress on immigration. That’s what is best for the American people.
READ MORE: Trump finds a legal ‘all American’ way to strip dozens of Dem House seats…
President Trump has built his movement on protecting American workers. It’s time for his DOJ to rethink this position, get back on the right side of the fight, and use this case to shut down one of Obama’s most damaging anti-American worker schemes.
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