In today’s News and Commentary, the American Association of University Professors filed a lawsuit challenging the Trump Gold Card, legislation in New York proposes insurance companies cover fertility services, and federal workers safe from mass layoffs for another nine days.

Yesterday, the American Association of University Professors filed a lawsuit challenging President Trump’s “Gold Card” visa program. The Gold Card visa program was launched this past December. Instead of a new visa category, President Trump signed an executive order directing agencies to use existing EB-1 “extraordinary ability” and EB-2 “exceptional ability” green card categories for employment-based immigration. The payment of at least $1 million by an individual or $2 million by a corporation on behalf of an individual is seen as “evidence of eligibility” for those classes of visas. The lawsuit argues that allowing the visas to be bought takes the limited number of visas allocated each year away from the people to whom the Immigration and Nationality Act (INA) specifies they should be awarded—for example, scientists and engineers, physicians, researchers, and other accomplished individuals whose presence would benefit the United States. The lawsuit requests declaratory and injunctive relief, alleging that the implementation of the Gold Card program exceeds the statutory authority conferred by Congress, violates the INA, is arbitrary and capricious in violation of the Administrative Procedure Act, and failed to adhere to notice-and-comment rulemaking requirements. The case is Am. Ass’n of Univ. Professors v. Dept of Homeland Security and was filed in the United States District Court for the District of Columbia.

            Bloomberg reports that New York Democrats are proposing legislation to mandate commercial insures cover fertility services. State Senator Michelle Hinchey has sponsored legislation (S. 4497) that would require employer-sponsored insurance plans to include a standard benefit fertility service, such as egg and sperm freezing. Currently, New York Law requires insurance to cover fertility preservation situations in certain instances, the bill would remove the conditions and allow anyone to opt for egg or sperm collection, freezing and preservation as a health insurance benefit. Though some industry organizations have come out in opposition to the plan, the proposed legislation so far has not attracted widespread resistance from insurers. Opponents of the legislation cite to concerns the increase in premium costs would cause an existing drop in coverage, though better health insurance benefits could help attract more workers to the state as well.

            Lastly, Congress passed a stop-gap measure funding the Department of Homeland Security (DHS) that includes a continuation of the moratorium on mass layoffs of federal workers. The moratorium protects all civilian positions across the government, even outside DHS. Congress approved the bill earlier this week, which included language negotiated as part of the November funding deal that prevented the Trump administration from using federal funds to carry out widespread reductions in force. The moratorium will only last for another nine days—until February 13^th—when DHS’s funding runs out. It remains to be seen whether Congress will extend the moratorium in any new funding bill for the DHS.