
Trump’s DOJ stunned conservatives by defending work permits for H-1B spouses before the Supreme Court, directly contradicting his America First immigration agenda.
Story Snapshot
- Trump DOJ argued Attorney General has authority to grant work permits to H-4 spouses despite Congressional restrictions
- Position contradicts Trump’s broader immigration crackdown and campaign promises to prioritize American workers
- Supreme Court case could set precedent for executive immigration authority affecting thousands of families
- Conservative base expressing outrage over apparent betrayal of America First principles
Trump Administration’s Contradictory Legal Strategy
President Trump’s Department of Justice defended the Attorney General’s authority to grant work permits to H-4 visa holders during August Supreme Court arguments. The H-4 Employment Authorization Document program allows spouses of H-1B workers to obtain employment in the United States. This legal position directly conflicts with Trump’s stated goal of restricting work authorization for migrants to protect American jobs. The DOJ’s argument suggests the executive branch possesses broad discretionary power over immigration work permits, despite Congressional limitations on hiring foreign workers.
Obama-Era Program Under Legal Challenge
The H-4 work authorization program originated during the Obama administration in 2015, targeting spouses of H-1B visa holders facing lengthy green card waits. Save Jobs USA immediately challenged the rule, arguing it harms American workers by expanding the foreign labor pool. During Trump’s first presidency from 2017-2021, his administration repeatedly attempted to rescind the program but faced administrative and legal obstacles. The D.C. Circuit Court of Appeals upheld the rule in August 2024, creating the current Supreme Court battle over executive immigration authority.
Economic Impact on American Workers
The H-4 program primarily benefits highly educated spouses, with 90% holding bachelor’s degrees and 50% possessing graduate degrees according to immigration policy analysts. These workers predominantly enter technology, healthcare, and finance sectors where they compete directly with American professionals. Save Jobs USA maintains that expanding work authorization undermines job opportunities for U.S. citizens, particularly in high-skill industries already facing intense competition. The program affects thousands of families, mostly from India and China, who face decades-long permanent residency backlogs.
Conservative Backlash Against Immigration Policy
Trump’s base has expressed fierce opposition to the DOJ’s legal position, viewing it as a betrayal of America First principles. Social media responses reveal deep frustration among supporters who expected comprehensive immigration restrictions under the new administration. The apparent contradiction between campaign rhetoric emphasizing American worker protection and actual legal arguments defending expanded foreign work authorization has created significant political tensions. This disconnect threatens to undermine Trump’s credibility on immigration enforcement, a cornerstone issue for his conservative coalition.
@POTUS
NO! NO!
this is killing US JOBS!
Trump DOJ Defends Work Permits for Spouses of H-1B Migrants https://t.co/U0H6l61IK2 via @BreitbartNews— JOBS for US CITIZENS (@The_edge_of_I) August 9, 2025
The Supreme Court’s eventual decision will establish crucial precedent for executive immigration authority and could reshape future work authorization programs. This case represents a critical test of constitutional separation of powers, determining whether Congress or the executive branch controls foreign worker employment policies.
Sources:
Victory for H-1B Visa Spouses: U.S. Court Upholds Work Authorization
H4 EAD Trump: Which Will Prevail?
Trump 2025: Disaster for H1B Visa Holders, Their Spouse and Employer
Employment Authorization for Certain H-4 Dependent Spouses