American Hiring Transparency Act

The federal government possesses plenary power over immigration and naturalization under Article I, Section 8, Clause 4, which authorizes Congress to establish a uniform rule of naturalization. The fee for permanent labor certification is a permissible condition on the hiring of foreign workers, as it directly relates to the regulation of immigration. Additionally, the Commerce Clause (Article I, Section 8, Clause 3) empowers Congress to regulate commerce with foreign nations, and the hiring of foreign workers is a commercial activity affecting interstate and foreign commerce. The fee is a reg…

The federal government holds clear authority over naturalization and the regulation of immigration under Article I, Section 8, Clause 4. A fee for labor certification may be a permissible exercise of this power, but only if it serves a legitimate regulatory purpose and does not exceed the proper scope of federal authority. The Tenth Amendment reserves to the states or to the people all powers not delegated, and a fee of at least $10,000—especially one that could be set arbitrarily high—risks becoming an undue burden on the citizenry and a disguised tax not grounded in necessity. The Constituti…

The power to regulate naturalization and commerce with foreign nations is expressly vested in Congress by the Constitution. However, the imposition of a $10,000 fee on employers for labor certification must be examined under the principles of enumerated powers and the prevention of factional abuse. If the fee is a genuine regulation of immigration and commerce, it may be permissible; but if it serves merely to burden a particular class of employers or workers for the benefit of another faction, it would exceed the legitimate scope of federal authority. The fee must be uniform, reasonable, and …

The Constitution vests in Congress the power to regulate commerce with foreign nations and to establish a uniform rule of naturalization. A bill requiring employers to pay a fee for the hiring of foreign workers through permanent labor certification directly relates to the regulation of foreign commerce and the naturalization process. Under the necessary and proper clause, Congress may enact laws that are appropriate and plainly adapted to the execution of these enumerated powers. The imposition of a fee is a reasonable means to fund the administration of the labor certification system and to …