Hispanic Affairs Project, et al. v. Martin J. Walsh, et al.
15-cv-01562 (D.D.C.)
U.S. Department of Labor
ETA/OFLC
Towards Justice of Colorado
62,500.00
Court
Null
The litigation challenged the Department of Labor’s
final rule, Temporary Agricultural Employment of H-2A
Foreign Workers in the Herding or Production of
Livestock on the Range in the United States,
80 FR 62958 (Oct. 16, 2015), in which the Department
codified special procedures for herding and
production of livestock on the range applications
under the H-2A program. It also challenged the
Department of Homeland Security’s (DHS) alleged
practice of automatically approving sheep and goat
herder petitions for recurring periods up to 364 days,
asserting that the Department’s regulation at
20 CFR 655.215(b)(2) and DHS’s alleged practice did not
conform with the Immigration and Nationality Act or
the Departments’ regulations, in violation of the APA.
Note the amount paid was negotiated between the
parties to settle plaintiffs’ fee claim, rather than as an EAJA award expressly issued by the Court. In addition, note DOL’s amount paid was obligated using funds from a prior fiscal year, rather than paid with FY22 funds.