Federal judge blocks Biden labor protections for foreign farmworkers

Those new rules, implemented by the U.S. Department of Labor in April, expanded protections for H-2A visa-holders, including requiring employers to ensure they would not intimidate, threaten or otherwise discriminate against foreign farmworkers for "activities related to self-organization" and "concerted activities for the purpose of mutual aide or protection relating to wages of working conditions." 

"In perhaps its most blatant arrogation of authority, the Final Rule seeks to extend numerous rights to H-2A workers which they did not previously enjoy through its worker voice and empowerment provisions," Judge Reeves wrote. "The DOL justifies this attempted regulatory expansion as an effort to prevent the alleged 'unfair treatment' of H-2A workers by employers to protect similarly situated American workers."

"The Final Rule not so sneakily creates substantive collective bargaining rights for H-2A agricultural workers through the 'prohibitions' it places on their employers," Reeves wrote. "Framing these provisions as mere expansions of anti-retaliation policies, the DOL attempts to grant H-2A workers substantive rights without Congressional authorization." 

Kentucky Attorney General Russell Coleman argued that the Biden-Harris administration rules could have caused "serious and irreversible damage to farmers who are just trying to get by and bring food to Kentucky's dinner tables." 

"We should be working to help Kentucky's farmers, not put them out of business. This unlawful and unnecessary rule from the Biden-Harris Administration would have made it harder to get farmers' products to grocery store shelves and would have increased already high prices for families," Coleman said in a statement. "We will continue to do what's right to stand up for Kentucky's farmers."