UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA EVERGLADES HARVESTING ) AND HAULING, INC., et al., ) ) Plaintiffs, ) ) Civil Case No. 19-3291 (RJL) v. ) ) EUGENE SCALIA, sued in his ) official capacity, et al., ) ) Defendants. ) ,,, .z MEMORANDUM OPINION (December7'2019) [#5] On October 31, 2019, Plaintiffs Everglades Harvesting and Hauling, Inc. ("Everglades"), Statewide Harvesting and Hauling, LLC ("Statewide"), Florida Fruit and Vegetable Association ("FFVA"), Florida Citrus Mutual, and National Council of Agricultural Employers ("NCAE") (collectively, "plaintiffs") filed suit against the United States Secretary of Labor, Eugene Scalia ("the Secretary"), and the Assistant Secretary of Labor for Employment and Training Administration, John P. Pallasch (collectively, "defendants"), alleging violations of the Administrative Procedure Act ("AP A"), 5 U.S.C. § 551, et seq. See Compl. [Dkt. #1] ~~ 29-36. Six days later, plaintiffs filed a Motion for Temporary Restraining Order and Motion for Preliminary Injunction ("Mot. for P.I."). See Mot. for P.I., Nov. 6, 2019 [Dkt. #5]. The following day, I held a hearing at which I heard argument on and, ultimately, denied the TRO. See Civ. Case No. 19- 3291, Minute Entry, Nov. 7, 2019. The parties briefed the motion for P.I., and this Court 1 heard argument from both sides on November 21, 2019. See Civ. Case No. 19-3291, Minute Entry, Nov. 21, 2019. After review of the pleadings, oral argument, and the entire record, I hereby GRANT the motion for P.I. for the reasons set forth below. See id. BACKGROUND I. The H-2A Program and its Statutory and Regulatory Framework The "H-2" temporary foreign worker program dates back to the original enactment of the Immigration and Nationality Act ("INA") in 1952. See Pub. L. 82-414 § 101(15)(H)(ii) (June 27, 1952).1 The Immigration Reform Control Act of 1986 ("IRCA") later split the H-2 program into two components: H-2A for temporary agricultural workers and H-2B for nonagricultural workers. See Pub. L. 99-603 § 30l(a).2 In 2005, this portion of the INA was slightly modified once again. See Pub. L. 109-90 § 536 (Oct. 18, 2005). This portion of the INA now defines the term "immigrant" to include: an alien having residence in a foreign country which he has no intention of abandoning who is coming temporarily to the United States to perform agricultural labor or services, as defined by the Secretary of Labor in regulations and including agricultural labor defined in section 3121 (g) of title 26 [the Internal Revenue Code], agriculture as defined in section 203(f) of title 29 [the Fair Labor Standards Act], and the pressing of apples for cider on a farm, of a temporary or seasonal nature. 1 This provision of the INA defined the term "immigrant" to include "an alien having a residence in a foreign country which he has no intention of abandoning ... who is coming temporarily to the United States to perform other temporary services or labor, if unemployed persons capable of performing such service or labor cannot be found in this country." 2 This ...
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