The International Fresh Produce Association (IFPA) applauds 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 Department of Labor's (DOL) statutory authority. They maintain that the rule imposes unlawful demands on agricultural employers and creates significant disruption across the farming industry.
The Court's decision provides a critical reprieve to farmers nationwide who depend on the H-2A program for seasonal labor. The stay applies to portions of the rule at 20 C.F.R. §§ 655.135(h)(2) and (m), addressing labor organization and labor rights. Plaintiffs argued that 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 decision is a major step toward safeguarding the economic stability of our agricultural community and upholding the integrity of the legal framework governing labor protections," said IFPA U.S. director of government relations John Hollay. "On behalf of our producers and industry – and all of the consumers and families who depend on American-grown food – we will continue this legal battle seeking a final judgment that these unlawful and unconstitutional amendments cannot be enforced anywhere in the U.S."
The Court's decision provides a critical reprieve to farmers nationwide who depend on the H-2A program for seasonal labor.
Co-plaintiffs in the litigation shared IFPA's recognition of the decision and remain committed to pursuing the case against the DOL.
"AmericanHort and its members are encouraged by the recent ruling from the Southern District of Mississippi, as well as the decisions in Kentucky and Georgia courts. These rulings highlight the undue burden this rule imposes on growers and farmers. We strongly believe that the Department of Labor (DOL) should reconsider and revise the rule in alignment with the court's findings," said Ken Fisher, President & CEO, AmericanHort.
"Blueberry growers are committed to the people they employ and the families they feed," said Kasey Cronquist, president North American Blueberry Council. "This ruling is a step in the right direction to ensuring American farmers can remain competitive and succeed in a global produce market."
"Apple growers rely on the H-2A guest worker program to bring America's favorite fruit to market. The new DOL rule would have added administrative costs for growers at a time when they are already struggling. We applaud the court's decision," said Jim Bair, USApple president & CEO. "It's a relief that logic and common sense have prevailed," said Brett Baker of United Apple Sales and chairman of the USApple Board of Directors. "It's now time for the Department of Labor to formally scrap it."
Note for IFPA members: IFPA updated members on Nov. 22 on the USDA's latest Farm Labor Survey, which informs the Department of Labor's AEWR calculations for the H-2A program. Under current regulations, employers are required to implement the 2025 AEWR as soon as it is published in December 2024. Access the 2024 survey results and projected 2025 AEWR rates by state.
For more information:
Ashley Sempowski
International Fresh Produce Association
[email protected]
https://www.freshproduce.com/