Congress delegated legislative rule making authority for the H-2B Program solely to DHS. When DOL lost Bayou II, we were presented with so-called "joint" rule making in the 2013 Interim Final Rule. A new DHS FOIA response shows that DHS had no role in rule making for the H-2B Program.
The Hall Law Office sent a FOIA request asking for all communications with non-DHS personnel concerning policy responses to a potential loss in Perez v. Perez. HLO received the response today.
DHS' response shows that it received no substantive communications before the decision; no substantive communications after the decision; and no communications whatsoever from DOL.