The New ‘Gold Card’ Program: A Challenge to Congressional Authority and Democracy in the United States

In his speech on March 4, President Donald Trump claimed that “true democracy” would be restored in America with the implementation of his new immigration program, the ‘gold card.’1 If the ‘gold card’ is enacted without Congressional approval, Constitutional authority and the commitment to checks and balances will be abrogated. To maintain the true democracy defined in the U.S. Constitution, Congressional authority must be respected. Thus far, President Trump has ignored the legislative branch. President Donald Trump is recorded as saying, “We don’t need Congress because we’re not doing citizenship, we’re doing the card. It’s a path, it’s a path to citizenship, a very strong path to citizenship.”2 The ‘gold card,’ must not be permitted if we are to protect the integrity of immigration in the U.S. and control the executive branch's power while avoiding a 21st-century oligarchy.

For years, the state of immigration in the United States has been in a state of uncertainty. During the Trump Administration, especially, the issue of immigration became and continues to be dramatically politicized, and now, the entry of the very people the U.S. once encouraged faces a fatal disruption. While immigrants strengthen the U.S. and make up 14.3 percent of the population, the nation under the Trump Administration is no longer one of inclusion, but rather exclusion and exploitation. New citizenship programs and law reforms threaten the nation’s reputation of being open to all. The U.S. was built as a state of acceptance but now faces radical destruction that undermines the standard once established on the Statue of Liberty: “Give me your tired, your poor, your huddled masses yearning to breathe free.”3

The “gold card,” costing $5 million, offers high-net-worth people a new pathway to U.S. citizenship. This program represents a radical shift in immigration policy while also raising concerns about fraud and national security. Without rigorous vetting, such as background checks and thorough verification of wealth sources, anyone with the financial means could gain entry, regardless of how they established their fortune. President Trump has stated that ‘gold card’ recipients will “be people with money”4 but has not outlined job requirements or strict vetting standards.

Furthermore, the United States is not the first country to implement so-called “golden” immigration programs. Nations such as Greece, Portugal, Malta, Spain, Cyprus, and Italy have long offered golden passport initiatives, granting residency or citizenship in exchange for financial investment. These programs typically require investments in real estate, business ventures, or direct contributions to state funds. Their popularity surged during the European debt crisis as governments sought to attract foreign capital. However, the European Union, the European Union’s executive branch has expressed concern that the golden visa programs breed money laundering and pose security risks. Fundamentally, golden visa programs provide privileged access to wealthier individuals while excluding those without significant financial means, reinforcing economic and social disparities in the immigration process.

The United States previously implemented a similar initiative through the EB-5 Immigrant Investor Program. Established to stimulate economic growth, the EB-5 program sought to attract foreign investment by offering visas to individuals who created jobs and contributed capital to commercial enterprises. In 1992, Congress introduced the Immigrant Investor Program, also known as the Regional Center Program, which allocated EB-5 visas to investors supporting economic development projects. However, the program came with its own set of difficulties and proved difficult to control. Howard Lutnick, the newly appointed Republican Secretary of Commerce, criticized its implementation, stating that the EB-5 program “was poorly overseen, poorly executed.”5

The 'gold card' will replace the EB-5 program established by Congress in 1990. Lutnick says that investors, their spouses, and unmarried children under 21 are eligible to apply for lawful permanent residence if they invest in a commercial enterprise in the U.S. and plan to preserve ten permanent full-time jobs for qualified U.S. workers. Costing $5 million for investors, the new program is of a greater scale in comparison to the EB-5 visa that required an $800,000 investment in a targeted employment area (TEA) or a minimum investment of $1,050,000 outside of a TEA. What should remain the same, however, is Congressional involvement.

Under the U.S. Constitution, immigration law falls under the authority of Congress. Article 1, Section 8 grants Congress the power to “establish a uniform Rule of Naturalization” and “uniform Laws on the subject of Bankruptcies throughout the United States.” Immigration matters have traditionally been addressed through the Commerce Clause, which empowers Congress to "regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes”6. In the court case Fiallo v. Bell (1977),7 the court emphasized that Congress holds exclusive authority in determining the immigration process. This remains the case today. While President Trump asserts that “We have it [the ‘gold card’ program] all worked out from the legal standpoint. It's legal to do,”8 he overlooks that Congress holds primary authority over immigration law, not the executive branch.

In terms of the EB-5 program in particular, Congress is the only institution that can enact changes to the program or entirely terminate the visa. In 2022, Congress reauthorized EB-5 through 2027 with the EB-5 Reform and Integrity Act. New legislation is required for any changes made to EB-5, and an executive order is not enough. Though the executive branch can influence the administration of the EB-5 program, Congress must approve all modifications. Thus, the new 'gold card' program requires congressional approval to ensure legality and alignment with existing immigration laws. In research conducted by the Cato Institute, President Donald Trump has not and will not ask Congress for legislation.9

Michelle Mittelstadt, a spokeswoman from the Migration Policy Institute, speaks on the danger of these actions. She says, “Creation of a new visa category, whether leading to citizenship or not, requires the approval of Congress. The gold card would be a direct path to citizenship given it would provide legal permanent residence, which is the required predicate step before applying for U.S. citizenship”.2 Therefore, President Trump's assertion that the 'gold card' is merely a card and not citizenship cannot be substantiated.

Formerly, courts have committed to the fact that changes to immigration policy require legislative action. For example, President Donald Trump issued an order in January intending to suspend the U.S. refugee resettlement program. This executive order was ultimately determined to violate the Refugee Act of 1980 and the Fifth Amendment due process clause.10 The due process clause is vital to the Constitution and can be found in both the Fifth and Fourteenth Amendments. The Fourteenth Amendment ensures that no state should “deprive any person of life, liberty, or property, without due process of law”.6 These liberties are provided to both citizens and non-citizens. So not only does this order infringe upon the rights guaranteed to citizens and non-citizens by the Refugee Act of 1980, but it also pulls into question the extent to which the Executive branch respects the Constitution.

The Refugee Act of 1980 establishes clear limitations on executive authority, affirming that presidential powers cannot override legislation enacted by Congress. Also in his first month, President Donald Trump released an executive order “to end birthright citizenship of children born to parents either illegally in the United States or under a temporary legal status”.10 Here, he attempted to override a right given by the 14th Amendment, thus overstepping his constitutional authority. U.S. District Judge John Coughenour condemned President Trump’s attempt to end automatic citizenship for U.S.-born children as “blatantly unconstitutional”.11

Beyond these executive orders and efforts to reshape immigration policy without Congressional approval, President Donald Trump continues to advocate for the “gold card” initiative. This shift redefines citizenship not as a pathway to inclusion and equal opportunity but as a commodity accessible only to the wealthy. The policy undermines the historical significance of immigration in shaping American identity but also raises serious constitutional concerns, challenging legal foundations that uphold democracy.

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2. Mannweiler, L. (2025). Trump’s Controversial Gold Card Proposal: A $5 Million Ticket to America? US News & World Report; U.S. News & World Report. https://www.usnews.com/news/politics/articles/2025-02-26/what-is-trumps-gold-card-a-look-at-the-controversial-route-to-citizenship
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