Sun Valley Orchards v. Department of Labor

The H-2A program, authorized by section 218 of the Immigration and Nationality Act, enables employers to hire temporary foreign agricultural workers when there are insufficient domestic workers willing and able to perform a given job. In 2015, Sun Valley Orchards, a farm in New Jersey, hired H-2A workers to harvest asparagus and peppers. The Department of Labor’s Wage and Hour Division subsequently determined that Sun Valley had violated requirements of the H-2A program and assessed back wages and civil penalties. Sun Valley requested a hearing, and the case was assigned to an administrative law judge (ALJ), who found that Sun Valley had violated numerous aspects of the H-2A program and assessed a slightly lower amount of back wages and penalties. Sun Valley then appealed to the Department of Labor’s Administrative Review Board, which affirmed the ALJ’s decision.

Sun Valley then filed suit, arguing, among other things, that statutory protections against removing ALJs are unconstitutional. The district court granted DOL’s motion to dismiss, and Sun Valley appealed. On appeal, Public Citizen filed an amicus brief in support of the Department. Our brief explains that the statutory employment protections for ALJs do not violate the Constitution and, in any event, would not justify vacating the decision against the Sun Valley.

In July 2025, the Third Circuit issued a decision in favor of the company. Without addressing the issue in our brief, the court held that, under the Supreme Court’s decision in SEC v. Jarkesy (2024), Sun Valley was entitled to have its case decided in court.

The Department of Labor then petitioned the Supreme Court for review. In the Supreme Court, we filed an amicus brief in support of the Department on behalf of Public Citizen, Centro de los Derechos del Migrante, Comite de Apoyo a los Trabajadores Agricolas, and Farmworker Justice. The brief argues that the Department’s practice of using administrative procedures to impose penalties on employers that violate the terms of the H-2A program comports with the U.S. Constitution. The brief explains that, by enrolling in the H-2A program, employers validly consent to administrative adjudication in exchange for the legal privilege of hiring foreign guest workers. And the Department’s ability to use prompt and efficient administrative enforcement mechanisms furthers the H-2A program’s goal of protecting agricultural workers from substandard wages and working conditions.