Mendoza, et al. v. Harris, et al.

In August 2011, the Department updated the special procedures that establish the minimum wages and working conditions employers must offer U.S. sheepherders, goatherders, and open-range (cattle) herders before hiring foreign herders. Plaintiffs, U.S. workers experienced in herding claimed that the Department administers the temporary worker visa program in a way that gives herding operations access to inexpensive foreign labor without protecting U.S. workers. The court concluded that the district court erred in holding that plaintiffs lacked both Article III and prudential standing to bring this action where plaintiffs were injured by the Department's promulgation of the Training and Employment Guidance Letters (TEGLs) and fell within the zone of interests protected by the Immigration and Nationality Act of 1952, 8 U.S.C. 1188(a)(1). On the merits, the court concluded that plaintiffs were entitled to entry of summary judgment in their favor where the Department violated the Administrative Procedure Act, 5 U.S.C. 553, by promulgating TEGLs without providing public notice and an opportunity for comment. Accordingly, the court reversed and remanded. View "Mendoza, et al. v. Harris, et al." on Justia Law