U.S. District Court grants nationwide stay on controversial H-2A visa regulations, easing burdens on agricultural employers.

The International Fresh Produce Association (IFPA) has welcomed a decision by the U.S. District Court for the Southern District of Mississippi to halt the enforcement of specific provisions in a controversial amendment to the H-2A visa program regulations.

The ruling offers much-needed relief to agricultural employers nationwide, who rely heavily on the H-2A program for seasonal labor. The halted provisions, outlined in 20 C.F.R. §§ 655.135(h)(2) and (m), address labor organization and labor rights and were deemed unconstitutional by the plaintiffs.

The IFPA and its co-plaintiffs argued that the new regulations overstepped the Department of Labor’s (DOL) statutory authority and imposed undue burdens on agricultural employers.

These regulations were said to infringe upon First Amendment rights, create inefficiencies, and destabilize the agricultural sector, which is vital to the U.S. economy. According to the IFPA, the court’s intervention ensures that farmers can continue their operations without the added pressures of the disputed rule.

“This ruling is a victory for farmers and the agricultural community nationwide. 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.”

Cathy Burns, IFPA CEO

The plaintiffs include the IFPA, along with organizations such as the U.S. Chamber of Commerce, Farm Bureau, and others. Together, they emphasize the importance of maintaining a fair and balanced approach to labor regulations.

Mississippi Attorney General Lynn Fitch praised the court’s decision, describing it as a “significant win for farmers and ranchers across our nation” and a critical step in preserving the rule of law. Fitch also accused the federal government of attempting to introduce labor unions into agriculture in a manner contrary to federal law.

The halted provisions had already been enjoined in 17 states before this nationwide stay. Ken Fisher, President and CEO of AmericanHort, highlighted how the decision underscores the burdensome nature of the rule. “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,” Fisher said. He expressed optimism about working with the DOL to create a rule that balances the needs of all stakeholders involved in the H-2A program.

Blueberry growers also welcomed the ruling, with Kasey Cronquist, President of the North American Blueberry Council (NABC), emphasizing its importance for maintaining competitiveness in a global market. Cronquist expressed confidence that a final ruling would reaffirm the unlawfulness of the current provisions and their detrimental effects on American farmers.

Jon Baselice, Vice President of Immigration Policy at the U.S. Chamber of Commerce, noted that the nationwide stay alleviates the regulatory confusion caused by the Department of Labor. “The Labor Department’s onerous H-2A rule will make it difficult for American farmers and ranchers to meet their critical workforce needs,” he stated, emphasizing the importance of clarity and practicality in labor regulations.

As stated in the IFPA’s press release, the ruling represents a crucial step toward protecting the economic stability of American agriculture and upholding the legal integrity of labor protections.