International Fresh Produce Ass’n v. Department of Labor
The H-2A program allows agricultural employers to hire temporary non-immigrant workers, when the Department of Labor (DOL) has found that there are insufficient domestic workers available and that the hiring of H-2A workers will not have an adverse effect on the wages and working conditions of domestic workers. Congress also tasked DOL with enforcing a number of other requirements for H-2A employers.
In April 2024, DOL updated its H-2A regulations to provide additional protections for H-2A workers—including changing when annual updates to minimum required wages go into effect, adding non-retaliation provisions for workers’ concerted activity, and ensuring that migrant workers have access to key social and other service providers. In so doing, DOL explained that substandard practices in H-2A employment had an adverse effect on the wages and working conditions of domestic employers and noted that retaliation and other practices make it more difficult for the agency to enforce existing requirements of the program. Several agricultural employer trade groups and the State of Mississippi challenged the rule in federal court.
On behalf of Centro de los Derechos del Migrante, Inc., a nonprofit that provides services to farmworkers, and Candelario Rodriguez Serrano, an H-2A farmworker, Public Citizen filed an amicus brief in opposition to the plaintiffs’ motion for a preliminary injunction, explaining, among other things. that the rule is within the broad authority delegated to DOL under the statute and that the rule is not precluded by the NLRA. The district court, however, concluded that DOL likely exceeded its authority and stayed implementation of two provisions of the Rule. Although the court rejected our merits arguments, it agreed that its relief should extend only to those provisions addressed by the plaintiffs.
Public Citizen has also filed amicus briefs on behalf of CDM and Mr. Rodriguez Serrano in related litigation pending in a Georgia federal court.