The International Fresh Produce Association (IFPA) applauded 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 its co-plaintiffs argued that the regulation is both unconstitutional and beyond the U.S. Department of Labor’s (DOL) statutory authority. They maintained that the rule imposes unlawful demands on agricultural employers and creates significant disruption across the farming industry.
The court’s decision provides a reprieve to farmers nationwide who depend on the H-2A program for seasonal labor. The stay applies to portions of the rule that address labor organization and labor rights. The plaintiffs argued that these provisions violate the First Amendment, unjustly burden employers, and have and will continue to cause irreparable harm to the American agriculture industry.
“The stay prevents a regulatory overreach that would increase costs and inefficiencies while imposing unconstitutional restrictions on employers,” said Cathy Burns, IFPA chief executive officer. IFPA continues to pursue a final decision declaring the rule and its requirements unenforceable.
“This injunction is a significant win for farmers and ranchers across our nation,” said Mississippi Attorney General Lynn Fitch. “The federal government attempted to sneak labor unions into agriculture — in direct contravention of federal law — and it has been stopped.”
Ken Fisher, president and chief executive officer of AmericanHort, said AmericanHort is encouraged by the Mississippi ruling and similar ones in Kentucky and Georgia.
“These rulings highlight the undue burden this rule imposes on growers and farmers,” Fisher said. “We strongly believe that the DOL should reconsider and revise the rule in alignment with the court’s findings. AmericanHort looks forward to collaborating with the DOL to develop a revised rule that effectively supports all stakeholders utilizing the H-2A program across all 50 states.”
“The Labor Department’s onerous H-2A rule will make it difficult for American farmers and ranchers to meet their critical workforce needs,” added Jon Baselice, vice president of immigration policy at the U.S. Chamber of Commerce. “The rule was already enjoined in 17 states, and the nationwide stay of the labor provisions provides much needed relief to the regulatory confusion created by the department.”
Source: IFPA
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