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2012 H-2B Program Rule Enjoined - Bayou II

December 19, 2014 (1 min read)

"The Plaintiffs in this case challenge a regulation issued by the United States Department of Labor (“DOL”) in connection with the H-2B visa program on grounds that DOL had no authority to issue the regulation.  See Temporary Non-Agricultural Employment of H-2B Aliens in the United States, Final Rule, 77 Fed. Reg. 10,038 (Feb. 21, 2012).  The parties have filed cross-motions for summary judgment.  For the reasons set forth below, the Court finds that Plaintiffs’ motion should be granted and Defendants’ motion should be denied. ... DOL lacks authority to engage in legislative rulemaking under the H-2B program.  The 2012 Rule, therefore, must be vacated.  ... The Department of Labor’s Final Rule dated February 21, 2012, and published at 77 Fed. Reg. 10,038, is hereby VACATED and Defendants are permanently enjoined from enforcing it." - Bayou Lawn v. Perez, N.D. Fla., Pensacola Div., Case No. 3:12cv183/MCR/CJK, Dec. 18, 2014.