Trump Gold Card Lawsuit: Legal Challenge Threatens $1 Million Visa Program
A February 2026 lawsuit argues Trump's Gold Card visa program exceeds executive authority and harms merit-based applicants. Here's what's at stake.
Just two months after launching with $1.3 billion in sales, Trump's Gold Card program faces its most serious threat: a federal lawsuit arguing the entire program is unlawful.
The Lawsuit: Who's Suing and Why
The lawsuit was brought by the American Association of University Professors (AAUP) along with individual immigrant professionals—scientists, researchers, and other qualified applicants waiting in EB-1 and EB-2 visa queues. They filed against Secretary of State Marco Rubio, DHS Secretary Kristi Noem, and Commerce Secretary Howard Lutnick. As of February 10, 2026, the case remains pending with no ruling yet issued.
The Core Arguments
The plaintiffs advance four main arguments. The first is that the Gold Card exceeds executive authority—Congress, not the president, has constitutional authority to establish immigration categories, and the Gold Card attempts to bypass Congressional requirements by treating a $1 million payment as evidence of "extraordinary ability." The second argument is that the program is arbitrary and capricious, as there is no rational basis for equating a $1 million payment with extraordinary ability in sciences, arts, education, or athletics. Third, the plaintiffs contend that the program harms merit-based applicants, since thousands of qualified professionals waiting in EB-1 and EB-2 queues are effectively displaced by wealthy donors. Finally, they argue there is a fundamental lack of statutory authorization—Congress never authorized this program.
What Happens If Plaintiffs Win?
If the court rules in favor of the plaintiffs, the immediate consequences would be severe. An injunction would block new applications, and existing applications would be frozen in place. Refunds are unlikely, given that the $1.3 billion already collected has been deposited directly into the U.S. Treasury. The long-term implications are even more dire. The program would be permanently terminated, and pending applicants would each lose $1 million or more with no grandfathering protection—a critical distinction from EB-5, which provides statutory grandfathering for petitions filed by September 30, 2026. If the Gold Card is shut down, applicants lose everything with no legal recourse.
What This Means for You
If you're considering the Gold Card, the lawsuit creates significant uncertainty. Before committing $1 million, you need to understand that you could lose it all with no refund if the program is struck down by the court. If you're considering EB-5, the lawsuit actually strengthens the case for choosing the statutory program. EB-5 offers a Congressional statute, a 35-year track record, and grandfathering protection through September 30, 2026. The critical deadline remains unchanged: file your EB-5 I-526E petition before September 30, 2026 to lock in statutory grandfathering protection regardless of what happens with either program.