Chamber of Commerce of the United States of America v. U.S. Department of Homeland Security

About the case

The Chamber of Commerce of the United States and the Association of American Universities sued DHS, the State Department and their Secretaries on October 16, 2025, claiming that Proclamation 10973's $100,000 payment for new H-1B petitions and the agencies' implementation of it are ultra vires and violate the APA. On December 23, 2025, the District of Columbia (Howell, J.) denied the plaintiffs' motion for a preliminary injunction or summary judgment and granted the government's cross-motion. The court held that the Proclamation rests on the President's express authority under 8 U.S.C. §§ 1182(f) and 1185(a) and is not ultra vires, and that the agencies' "limited, ministerial actions" to implement it don't violate the APA. The plaintiffs appealed the same month (D.C. Circuit No. 25-5473). It is the only ruling so far that upholds the payment; the District of Massachusetts and the Northern District of California have set aside the agencies' implementing policies in other cases.

Relief

The plaintiffs sought a preliminary injunction or summary judgment setting aside the payment requirement and its implementation. The court denied relief, granted the government summary judgment and closed the case.

What's next

A D.C. Circuit decision in No. 25-5473; no date is set.