On February 25, 2025, President Trump made an announcement. He said he would seek to end the U.S. EB – 5 Immigrant Investor Program. This program gives foreign investors permanent residency in the United States. To take part in the EB – 5 program, a foreigner has to invest in U.S. businesses. Each investor must create 10 or more jobs. The investment amount is $1,050,000. But if the investment is in a high – unemployment area, a rural area, or through a government infrastructure project, it can be reduced to $800,000. After five years of having permanent residency, investors and their dependents can get U.S. citizenship.
Trump’s announcement also included a plan to replace the EB – 5 visa with a “Gold Card” program. The president said this new program would require an investment of $5 million. He added that the “Gold Card” would grant “green card plus benefits”. It would also offer a path to citizenship, just like the EB – 5 program does. Trump didn’t give more details. However, he mentioned that a detailed plan would be released in the next two weeks. According to the president, the aim is to draw wealthy people to the United States. These people would start businesses and help cut the country’s deficit.
But here’s the problem. The president doesn’t have the power to ignore or change an act of Congress. This includes the Immigration and Nationality Act. Congress has the authority to make immigration laws. These laws control who can be admitted to the country, who can be excluded, and the process of naturalization. This power comes from Article 1, Section 8, Clause 18 of the Constitution. It gives Congress the right to make laws that are needed to carry out the Constitution’s power. Also, the Supreme Court has ruled that Congress has “plenary” power over immigration.
This means Congress has almost complete control over passing immigration laws. In 2022, Congress re – authorized the EB – 5 program until September 30, 2027. They did this by passing the EB – 5 Reform and Integrity Act. The president can’t cancel an act of Congress, like the existing EB – 5 program. Also, Congress has the sole power to control the number of employment – based green cards. Any change to this would need an amendment to the Immigration and Nationality Act. The president can suggest new immigration laws. But only Congress can make new laws and change existing ones.
The president can enforce immigration laws through agencies like U.S. Citizenship and Immigration Services, U.S. Immigration and Customs Enforcement, and U.S. Customs and Border Protection. If the president tries to cancel the EB – 5 program, there may be immediate legal action. The courts could stop any such plan.
Related topics:
