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.
“This ruling is a victory for farmers and the agricultural community nationwide,” said Chief Executive Officer 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.”
According to a press release, 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.
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 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."
For further comments from the co-plaintiffs on the litigation, click here.
AndNowUKnow will keep reporting on the latest legal rulings to affect the industry, so stay tuned.
