DHS' Non-Role In "Joint" H-2B Rulemaking: DOL Still Firmly In Charge

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.  

As the old The Who song puts it, "Meet the new boss/Same as the old boss" - literally.


The documents that HLO received from DHS are here.  The cover letter is here.