DC Circ. Revives Shepherds' Challenge To H-2A Practices

Law360 (August 17, 2018, 4:43 PM EDT) -- The D.C. Circuit partly revived a suit Friday brought by a group of livestock herders challenging the government's practice of issuing temporary visas for longer-term labor.

The panel reversed a decision by a D.C. federal judge to dismiss the shepherds' suit, ruling that the Hispanic Affairs Project, an organization of herders, could move forward with its claims that the U.S. Department of Homeland Security is breaking its own rules by routinely extending herders' H-2A visas, which are intended for temporary or seasonal labor.

The court also preserved the shepherds' challenge to a 2015 U.S. Department of Labor rule classifying herding as...

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