In Today’s News and Commentary, the Third Circuit denies DOL’s request for a rehearing en banc about its ability to impose civil penalties for violations of the H-2A program, the Attorney General of Washington is proposing legislation to protect immigrant workers, and labor unions file a lawsuit to block social media surveillance of non-citizens.
On Wednesday, the Third Circuit denied DOL’s request for an en banc rehearing in Sun Valley Orchards, LLC v. United States Dep’t of Labor. Earlier this week, Paneez wrote about how Sun Valley imperils DOL’s ability to vindicate the rights of H-2A workers. There, a New Jersey farm that participated in the H-2A visa program—but has since ended operations—was found liable for over $500,000 in civil penalties for violating obligations under the Immigration and Nationality Act regarding no-cost housing, kitchen access, transportation, and employment. Sun Valley challenged DOL’s ability to impose civil penalties via an administrative process, arguing that DOL denied it a fair trial under Article III of the Constitution. Sun Valley argued that it was entitled to a jury trial in an Article III court because the case involved breach of an employment. The Third Circuit agreed, ruling that DOL could not impose fines in administrative proceedings because the breach of contract case affected Sun Valley’s private rights. The Third Circuit did not provide a reason for its denial of the request.
In advance of Washington’s next sixty-day...
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