From military funding to H-1B visa fees, Democrats could use their new congressional powers to scrutinise several key Trump administration policies | X 
World

Iran war, tariffs, H-1B fees: What changes as Democrats take control of Congress?

Democrats will control both chambers of Congress from January. Here's how they could challenge Trump's Iran war, tariffs, immigration rules and visa restrictions

Democrats are set to take charge of both chambers of the US Congress from January 3, following their victories in the November 3 midterm elections. The change will give the party greater power to scrutinise President Donald Trump's administration, block legislation and influence government spending. However, it does not mean Trump will lose control over several major policy decisions, particularly those involving foreign affairs, trade and immigration.

Much of Trump's international policy has been driven through presidential authority and executive orders, which do not always require congressional approval. Democrats will also face limitations in the Senate, where ending debate on most legislation requires 60 votes. Trump, meanwhile, retains the power to veto Bills, and Congress needs a two-thirds majority in both chambers to overturn his decision.

Iran war: Democrats could target military funding

The ongoing conflict with Iran is likely to become one of the biggest areas of confrontation. In June, both chambers narrowly passed a resolution asking Trump to halt military action against Iran under the 1973 War Powers Resolution. The White House rejected the move, calling it “not constitutional and thus not binding”.

According to Pentagon data reported by Reuters, the war has cost more than $47 billion.

Democrats could now use their control over government spending to put pressure on the administration. Some lawmakers have already introduced measures seeking to prevent fresh funding for the conflict. However, existing Pentagon funds mean military operations would not necessarily stop immediately.

The new House majority could also initiate investigations and hearings into the war. Matt Duss of the Center for International Policy has indicated that Democrats could focus on Defence Secretary Pete Hegseth and potentially consider impeachment proceedings.

Tariffs: Trump retains considerable authority

Trade policy presents another challenge for Democrats. Trump has used different legal provisions to maintain tariffs after the Supreme Court struck down duties imposed under an emergency-powers law.

The Graham Act, signed by Trump on September 19, allows tariffs of up to 100 per cent on the five largest buyers of Russian oil and gas. India and China were not given the exemptions available to European allies.

However, Trump waived almost all its measures on October 16, citing national interest.

Democrats can question such decisions through congressional hearings and oppose any fresh tariff powers sought by the administration. However, existing executive trade arrangements, including the interim framework agreed between India and the US in February, do not require congressional approval.

Visa restrictions: A possible opening for Democrats

The changes to US immigration and visa rules have particular significance for India. Indians accounted for an estimated 71 per cent of approved H-1B applications in recent years, while 363,019 Indian students travelled to the US in 2024-25.

The Trump administration has introduced several changes through presidential proclamations and agency rules, including a $100,000 charge on new H-1B petitions and changes to student visa durations.

The administration is also considering a $100,000 fee on Optional Practical Training (OPT) and a refundable green-card bond of up to the same amount.

If the Boston court ruling against the H-1B charge is upheld on appeal, such payments could require congressional approval. Democrats could then refuse to authorise them.

Ukraine and AI could bring bipartisan challenges

Russia's role in the Ukraine war could become another area where Democrats find support from Republicans. Trump's decision to waive sanctions under the Graham Act has drawn criticism from lawmakers across party lines.

The legislation had passed with large majorities in both chambers, potentially giving opponents of the waiver enough votes to override a presidential veto if they unite again.

AI regulation and semiconductor exports could also feature in the new Congress. Democratic leader Hakeem Jeffries has identified AI regulation as a legislative priority, while lawmakers from both parties have shown support for greater scrutiny of advanced chip exports to China.

For India, the change in congressional control could mean closer scrutiny of its Russian oil purchases, visa-related costs and access to advanced technology. However, how far Democrats can influence these policies will depend on whether they can secure Republican support and overcome Trump's presidential veto.