On September 19, 2025, President Donald Trump issued an executive order creating the Gold Card Visa Program, which would enable noncitizens who contribute considerable amounts of money ($1 million individually or $2 million corporately) to gain hastened eligibility for an immigrant visa, though still following national security and public safety review. The announcement sparked public concern as people wondered whether the president had the authority to establish a novel immigration category, given that immigration policy-making lies exclusively within Congress’s constitutional powers. Many years of existing precedent reinforces the idea that other branches may not infringe on Congress’s lawmaking authority to preserve the importance of checks and balances. Because the wealth-based immigration category created under the Gold Card Visa falls outside statutory authority, the Court should deem the President’s action unconstitutional.

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