Latest Court Decision on H-2A Labor Rule a Win for Growers

The International Fresh Produce Association (IFPA) and others are applauding the U.S. District Court for the Southern District of Mississippi for halting enforcement of a rule amending H-2A visa program regulations. IFPA and nine co-plaintiffs filed a lawsuit contesting the U.S. Department of Labor (DOL)’s unconstitutional regulatory overreach and limitations on the freedom of speech of farmers who employ H-2A temporary workers. Ag industry groups argued the regulation is both unconstitutional and beyond the DOL’s statutory authority. They maintain the H-2A labor rule imposes unlawful demands on agricultural employers and creates significant disruption across the farming industry.

The stay applies to portions of the rule addressing labor organization and labor rights. Plaintiffs argued these provisions violate the First Amendment, unjustly burden employers, and have and will continue to cause irreparable harm to the carefully balanced and essential American agriculture industry.

“This ruling is a victory for farmers and the agricultural community nationwide,” says IFPA CEO Cathy Burns. “The stay prevents a regulatory overreach that would increase costs and inefficiencies while imposing unconstitutional restrictions on employers. By granting this relief, the court ensures that farmers can focus on producing the fresh fruits and vegetables our communities depend on to live healthful lives.”

IFPA and its co-plaintiffs (American Farm Bureau Federation, AmericanHort, Florida Fruit & Vegetable Association, Mississippi Farm Bureau Federation, North American Blueberry Council, State of Mississippi, Stone County Farm Bureau, Texas International Produce Association, and the U.S. Chamber of Commerce) will continue to pursue a final decision declaring the rule and its requirements unenforceable.

In August, the court in Kansas v. U.S. Department of Labor – a similar case brought by 17 state attorneys general, the Georgia Fruit and Vegetable Growers Association, and Miles Berry Farm – found the rule unconstitutional and enjoined DOL from enforcing it within the 17 states.

For more, continue reading at freshproduce.com.