IFPA Applauds Court Decision to Grant Stay on Labor Rule

November 26, 2024

Washington, DC – 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 ruling is a victory for farmers and the agricultural community nationwide,” said IFPA CEO Cathy Burns. “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.”

IFPA continues 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 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."

Co-plaintiffs to the litigation shared IFPA’s recognition of the decision and remain committed to pursuing the case against the DOL.

“This injunction is a significant win for farmers and ranchers across our nation. It is also a major victory for the rule of law. The federal government attempted to sneak labor unions into agriculture – in direct contravention of federal law – and it has been stopped.? We were pleased to work alongside the International Fresh Produce Association, Farm Bureau, and the Chamber of Commerce and remain committed to supporting the men and women who work the land and feed the nation,” said Mississippi Attorney General Lynn Fitch.

“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. 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,” said Ken Fisher, President & CEO, AmericanHort.

“Blueberry growers are committed to the people they employ and the families they feed," said Kasey Cronquist, president NABC. "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."

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.

Read this on IFPA's website here.