Both the International Fresh Produce Association and the U.S. Apple Association have applauded a decision by the U.S. District Court for the Southern District of Mississippi to halt the enforcement of a rule amending H-2A visa program regulations.
IFPA and USApple were among the plaintiffs who argued that the regulation is both unconstitutional and beyond the Department of Labor’s statutory authority. IFPA said the plaintiffs maintain that the rule imposes unlawful demands on agricultural employers and creates significant disruption across the farming industry.
USApple said the provisions that have been overturned were the most problematic parts of that rule including requiring agricultural employers to allow temporary foreign farmworkers to unionize. The judge issued a stay of the regulations’ effective date, precluding the DOL from enforcing the regulations nationwide.
IFPA said 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. The plaintiffs in the case 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 U.S. agriculture industry.
“This ruling is a victory for farmers and the agricultural community nationwide,” Cathy Burns, IFPA president and CEO, said in a news release. “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.”
This ruling follows an August decision in Georgia which enjoined the rule in its entirety in the 17 states that brought that suit. In response, the DOL decided to continue to enforce the regulations in the other 33 states not covered by that court’s injunction.
“It’s a relief that logic and common sense have prevailed,” Brett Baker, president of United Apple Sales and chairman of the USApple Board of Directors, said in a news release. “It’s now time for the Department of Labor to formally scrap it.”
IFPA said it will continue to pursue a final decision declaring the rule and its requirements unenforceable, while advocating for policies that support the agricultural sector and ensure a balanced regulatory approach.
“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 John Hollay, U.S. director of government relations for IFPA. “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.”
IFPA said co-plaintiffs to the litigation remain committed to pursuing the case against the DOL.
“Blueberry growers are committed to the people they employ and the families they feed,” Kasey Cronquist, president of the North American Blueberry Council, said in a bews release. “This ruling is a step in the right direction to ensuring American farmers can remain competitive and succeed in a global produce market. We are confident that the court’s final ruling will maintain that the rule imposes unlawful demands on farmers and creates significant disruption across the agricultural industry.”
“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,” Jim Bair, USApple president and CEO, said in a news release.
