Donald Trump’s $5 million ‘gold card’ visa stalled before takeoff: Here’s why

Donald Trump’s proposed $5 million Gold Card visa faces legal hurdles with no clear path forward.

In April, US President Donald Trump showed off a prototype of a sleek, golden visa card aboard Air Force One. According to The Washington Post, the pitch was bold: a $5 million visa for wealthy foreigners, dubbed the “Gold Card,” that would supposedly fast-track their entry into the United States. The rollout was painted as imminent - “in less than two weeks,” Trump said. The administration even launched a sign-up site in June.

Trump's proposed $5 million Gold Card visa for wealthy foreigners aimed at fast-tracking U.S. entry is stalled due to legal concerns. (Representative Image: Unsplash)

But months later, the program appears to be stalled. Legal experts say the proposal doesn’t have a legal leg to stand on, and no bill has been introduced in Congress. And under current immigration law, a president can’t just create a new visa type without lawmakers signing off.

Donald Trump’s Gold Card visa critics say the plan is legally shaky

Commerce Secretary Howard Lutnick, leading the initiative, has floated the idea of the Gold Card replacing the existing EB-5 visa - a program that offers green cards to investors who pump money into US projects. But experts warn that pushing wealthy applicants ahead of long-standing visa backlogs would almost certainly invite lawsuits, reports The Washington Post.

“There’s no lawful basis to do this. If they do it anyway, they’re going to get sued, and they’re almost certainly going to lose,” Doug Rand, a former senior adviser to U.S. Citizenship and Immigration Services, as reported by The Washington Post.

Legal precedent also doesn’t favour the White House. Courts have repeatedly reinforced that only Congress has the power to define visa categories. “I’m very dubious it can be done without an act of Congress,” said George Fishman, a legal fellow at the Center for Immigration Studies who worked in Trump’s DHS.

Gold Card visa: Interest is high but details are vague

Despite the legal concerns, interest in the golden visa card has been strong. More than 70,000 people have reportedly joined the waitlist online. Immigration lawyers, though, are advising clients to hold off. “Why would I want to do that before I know if it’s a law, what the law says… what the terms and conditions are?” said attorney Ron Klasko.

Lutnick claimed the visa program could generate enough revenue to wipe out the federal deficit - or even the national debt. This would mean selling millions of Gold Cards. But with no legal framework, that number remains hypothetical.

Critics say the optics of selling US residency are poor. Kate Hooper, a policy analyst at the Migration Policy Institute, noted that other countries, like Spain, have pulled back on similar programs after backlash. “There’s been a bit of a backlash… the optics of selling citizenship,” she said.

FAQs

What is Trump’s ‘Gold Card’ visa?

It’s a proposed $5 million visa for wealthy foreigners, introduced by Donald Trump and pitched as a fast-track alternative to current investor visas.

Can the president create a new visa without Congress?

No. Legal experts say only Congress can define new visa categories, and no bill has been introduced to back this plan.

Is the Gold Card replacing the EB-5 visa?

There’s been talk of that, but nothing has changed legally. The EB-5 visa is still in place with a long backlog.

Has anyone received a Gold Card yet?

No. As of late June, not a single application had been processed or accepted.