Judge blocks Biden Labor rule allowing foreign H-2A visa farmworkers to unionize

In a recent development, a federal judge in Kentucky has rejected the expanded protections put in place by the Biden-Harris administration for foreign farmworkers who enter the U.S. under H-2A visas. U.S. District Judge Danny Reeves granted an injunction on Monday, supporting Kentucky farmers and Republican attorneys general from Kentucky, Ohio, West Virginia, and Alabama who contended that the new rules amounted to granting foreign farmworkers collective bargaining rights. Judge Reeves emphasized that it should be Congress, not the administration, that decides whether H-2A visa holders should have the right to unionize.

The new regulations, which were introduced by the U.S. Department of Labor in April, aimed to enhance protections for H-2A visa holders. These included provisions requiring employers to ensure that they do not intimidate, threaten, or discriminate against foreign farmworkers engaging in activities related to self-organization or concerted activities for mutual aid or protection regarding wages or working conditions.

Judge Reeves criticized the Final Rule for attempting to grant H-2A workers substantive collective bargaining rights without congressional authorization. He noted that the Department of Labor’s justification for these changes was to prevent alleged unfair treatment of H-2A workers by employers and to protect American workers in similar positions.

The decision by Judge Reeves follows a previous preliminary injunction issued by a federal judge in Georgia, which had already blocked the new rules in 17 states. It is important to note that this ruling is not applicable nationwide.

The H-2A temporary agricultural visa program was established by Congress in 1986 through the Immigration Reform and Control Act. It allows employers to hire foreign farmworkers on a temporary, seasonal basis when there is a shortage of U.S. workers to fill the required positions. The program includes safeguards for American workers and sets a minimum wage rate for foreign workers employed under the program.

Kentucky Attorney General Russell Coleman raised concerns that the Biden-Harris administration’s rules could have potentially caused serious and irreversible harm to farmers striving to provide food to Kentucky’s households. Coleman emphasized the importance of supporting farmers rather than jeopardizing their livelihoods, stating that the unlawful rule from the administration would have made it harder for farmers to deliver their products to stores and would have further increased prices for families.

In conclusion, the rejection of the expanded protections for H-2A visa holders underscores the ongoing debate surrounding labor rights and immigration policies in the agricultural sector. It highlights the delicate balance between protecting the rights of foreign workers and ensuring the sustainability of American farmers.