Why is Trump’s Justice Department carrying water for Obama’s visa scam?

Donald Trump’s base has reached a clear conclusion: The entire importation of white-collar workers from India was a scam. It replaced American workers, fueled outsourcing to India, and boosted its economy at the expense of our own.

The labor market is so weak that even legal visa programs should be suspended under Trump’s 212(f) authority. Yet the H-1B and L visa pipelines remain open, and worse, the Trump Justice Department is defending one of Obama’s most lawless expansions: the H-4 spousal work program.

Defending Obama’s H-4 visa scheme undermines both the law and the American workforce.

Save Jobs USA, representing American workers, has sued the government for continuing Obama’s program that grants work permits to H-1B spouses on H-4 visas. Congress authorized the H-4 visa, but it never authorized work permits. Obama simply created them in 2015 by executive fiat.

Because the program is untethered from statutory limits, it has no cap. While the U.S. still issues around 120,000 H-1B visas each year — including under Trump — hundreds of thousands of spouses now work illegally in the same industries, displacing Americans. Most are funneled into the tech sector, overwhelmingly from India.

This lawsuit has been winding through the courts for nearly a decade. It began after Southern California Edison fired American workers and replaced them with H-1B visa holders. Both district and appellate courts in D.C. sided with the government. Now, as the case reaches the Supreme Court, Trump’s Justice Department filed a brief — signed off by Pam Bondi — arguing that plaintiffs lack standing to sue.

“Petitioner did not identify a single member who is ‘suffering immediate or threatened injury’ that is fairly traceable to the 2015 rule,” government lawyers wrote last month.

Even if one debates the technicalities of standing, why would Bondi waste resources defending a program that is plainly illegal and harmful to American workers — the opposite of what Trump promised in 2015?

A broader failure on foreign labor

Seven months into the new administration, the broader picture looks grim. The White House has failed to slow worker visa programs outside of narrow national security concerns. Trump has not invoked his 212(f) authority to halt needless foreign labor. Instead, he has floated the idea of importing 600,000 Chinese students — an economic and national security risk rolled into one.

This is the worst possible time to flood the market with foreign workers. The economy has averaged just 35,000 new jobs a month, the weakest pace since the Great Recession. Entry-level job listings are down 15% while applications are up 30%. The class of 2024 is still struggling: 41% underemployed, 58% still searching.

Tech companies, meanwhile, continue layoffs by the tens of thousands this year even as they lobby for more H-1Bs:

• Intel: 21,000
• Panasonic: 10,000
• Meta: 3,600
• Hewlett-Packard: 2,000
• Hewlett Packard Enterprise: 2,500
• IBM: 8,000
• PayPal: 2,500
• Dell: 12,500
• TCS: 12,000

Why would they seek more visas in the middle of layoffs? Because nearly half of H-1Bs go to outsourcing and staffing firms, which feed India’s tech industry while hollowing out our own. Each expansion of the visa pipeline means more outsourcing, not more prosperity for Americans.

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Blaze Media illustration

The corporate capture

The deeper problem is the growing partnership between this administration and multinational tech giants. The government even owns a 10% equity stake in Intel. Palantir, which holds sensitive defense and health databases, has been allowed to staff up with foreign workers who now handle American taxpayers’ critical data.

Against this backdrop, Bondi’s defense of Obama’s illegal spousal work program looks less like a legal technicality and more like a political signal: This administration is drifting from Trump’s 2015 America First promises and closer to the “America Last” priorities of multinational corporations.

Back to 2015’s warning

The case against foreign workers is even stronger now than when Trump rode down that golden escalator a decade ago. The economy is weaker, the job market tighter, and the outsourcing racket more blatant. Defending Obama’s H-4 visa scheme undermines both the law and the American workforce.

The administration needs to remember what brought Trump to power in the first place. Stop importing foreign labor. Shut down lawless programs. Put American workers first.