Oct 10, 2024

IFPA files lawsuit against DOL’s H-2A Rule, citing threat to ag industry

The International Fresh Produce Association (IFPA) and other agricultural groups, such as AmericanHort, has filed a lawsuit against the U.S. Department of Labor (DOL) over new H-2A regulations.

IFPA argued the rule threatens the fresh produce industry by imposing unconstitutional restrictions on farmers and adding excessive burdens on employers who rely on foreign labor.

The lawsuit, filed in the Southern District of Mississippi, seeks to block the DOL’s rule, which grants collective bargaining rights to temporary workers and limits farmers’ free speech.

“Without certainty in the H-2A program, it is much harder for us to grow and harvest the fresh fruit and vegetables consumers want and expect throughout the year,” said Cathy Burns, CEO at IFPA.

Mississippi Attorney General Lynn Fitch, who also joined the suit, called the rule an overreach by the federal government, undermining farmers and their ability to operate efficiently.

Plaintiffs argued that inconsistent enforcement of the rule, already blocked in 17 states, complicates labor markets and threatens the stability of the agricultural sector. Other organizations involved include the American Farm Bureau Federation and the U.S. Chamber of Commerce.

The case will proceed in federal court, with plaintiffs seeking to overturn the rule nationwide.