President Donald Trump’s Justice Department told the U.S. Supreme Court Friday that the Attorney General has authority to grant work permits to certain migrants, even though federal law prohibits the hiring of illegal aliens. The statement came in a long-running lawsuit challenging former President Barack Obama’s 2015 decision to allow spouses of H-1B visa holders to work in the United States.
The case, launched by American professionals in 2015, targets the H4EAD program, which gives work authorization to H-4 visa holders—primarily spouses of foreign white-collar workers imported under the H-1B program. Critics argue the program undercuts U.S. professionals, particularly recent graduates, by expanding the labor pool with lower-cost foreign workers.
In its brief, the DOJ claimed Congress gave the Attorney General broad rulemaking authority, including setting employment conditions for nonimmigrant admissions. The filing also argued that the plaintiffs lack legal standing, asserting they cannot prove direct harm from competition with H4EAD workers.
John Miano, an attorney at the Center for Immigration Studies, blasted the brief as indistinguishable from Obama-era arguments. “I thought we were getting something different with Donald Trump,” Miano told Breitbart News, warning that the DOJ’s stance undermines Trump’s campaign promises to curb visa-driven labor displacement.
The Supreme Court’s decision could set a precedent on whether the executive branch can unilaterally expand work permit eligibility, a power past administrations have used to authorize millions of foreign workers through programs like DACA and Optional Practical Training.
Supporters of the lawsuit argue that giving work permits to H-1B spouses primarily benefits large corporations and foreign outsourcing networks, particularly those dominated by Indian staffing firms. They say this practice displaces Americans from tech, business, and healthcare careers, suppresses wages, and fuels offshoring.
Trump has recently reiterated his goal of reducing foreign labor dependence through automation and efficiency, telling Breitbart News, “We’re going to need robots… to make our economy run because we do not have enough people.”
