The Latest Bayou III Information


Key Points:

1.  The Court is considering its ruling.

2. The Court is informed about DOL's failure to run the H-2B Program properly.

3.  The Court is informed about the urgency DOL's actions has created.


Using a fake crisis as cover, DOL and DHS sprung two regulations governing the H-2B Program on the public in April.  The agencies unlawfully deprived all of us of a chance to comment on the rules before the new H-2B regulations became law.

A group of H-2B employers and organizations sued DOL and DHS in the Northern District of Florida in Pensacola in June.  The Court adopted a fast-paced schedule so that the case would be ready for decision by July 30th.  The parties complied and the case awaits Court action.

The most recent action involves a filing informing the Court about DOL's recent loss in the 10th Circuit in the G.H. Daniels III & Assoc. case.  Stung, DOL and DHS moved to strike the new filing.  The H-2B community opposed DOL's and DHS' gambit.  That motion is pending.

Our brief concluded by reminding the Court of the stakes:

The Supreme Court once said that “[e]xperience teaches that strict adherence to the procedural requirements specified by the legislature is the best guarantee of evenhanded administration of the law.” If Defendants had adhered to the limits that Congress specified in IRCA and the APA, the H-2B Program would have remained the quiet, non-controversial program that it has always been. But Defendants chose to ignore those limits. The entirely foreseeable result, as always, has been ongoing confusion, chaos, and irreparable injury. Only this Court can end it by requiring that Defendants obey the law as Congress enacted it.

We do not know when the Court will rule, but check back often so you will be one of the first to get the news.