A federal judge in Kentucky has blocked expanded protections for foreign farmworkers under the H-2A visa program, ruling that the Biden administration exceeded its authority. U.S. District Judge Danny Reeves issued the injunction on Monday, siding with Republican attorneys general from Kentucky, Ohio, West Virginia, and Alabama, as well as local farmers who argued that the administration’s rules unlawfully granted new collective bargaining rights to these temporary workers.
The disputed rules, implemented by the Department of Labor in April, introduced measures intended to expand the rights of foreign agricultural workers employed under H-2A visas. Specifically, the rules required employers to ensure that workers were not intimidated, threatened, or otherwise discriminated against for participating in activities related to self-organization or collective efforts aimed at improving wages and working conditions. Judge Reeves ruled that such provisions fundamentally altered the nature of the H-2A program by creating collective bargaining rights for foreign farmworkers without congressional approval.
In his opinion, Judge Reeves wrote, “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.” He further criticized the Department of Labor, stating, “Framing these provisions as mere expansions of anti-retaliation policies, the DOL attempts to grant H-2A workers substantive rights without Congressional authorization.” Reeves emphasized that Congress, not federal agencies, holds the authority to determine whether collective bargaining rights should be extended to H-2A workers.
The H-2A visa program, established under the Immigration Reform and Control Act of 1986, allows U.S. agricultural employers to hire foreign workers on a temporary basis when a shortage of domestic labor exists. The program includes protections for U.S. workers, such as setting minimum wage rates for H-2A workers to ensure fairness and competition. However, it has never included collective bargaining rights for foreign workers. The Biden administration’s recent rules were justified as efforts to address alleged mistreatment and ensure that H-2A workers received fair treatment comparable to similarly situated U.S. employees.
Opposition to the rules has been strong among farming communities and state officials. Kentucky Attorney General Russell Coleman argued that the regulations could impose significant financial burdens on farmers, disrupt agricultural operations, and ultimately harm consumers. In a statement, Coleman said, “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.”
The ruling from Judge Reeves follows a similar injunction issued earlier this year by a federal judge in Georgia, which temporarily blocked the expanded rules in 17 states. Reeves’ decision does not apply nationwide but adds to growing legal opposition to the Biden administration’s attempt to implement these new protections. Critics, including taxpayer advocates and farmer associations, have argued that the regulations overreach federal authority and prioritize the interests of foreign workers over those of U.S. agricultural employers.
