Ruling is “a victory for farmers and the agricultural community nationwide”, Cathy Burns says
The International Fresh Produce Association (IFPA) has applauded the US District Court for the Southern District of Mississippi for halting enforcement of a rule amending H-2A visa programme regulations.
IFPA and its co-plaintiffs argued that the regulation was both unconstitutional and beyond the Department of Labor’s (DOL) statutory authority.
They maintained that the rule imposed unlawful demands on agricultural employers and created ”significant disruption” across the farming industry.
The Court’s decision provided a ”critical reprieve” to farmers nationwide who depended on the H-2A programme for seasonal labour, the association noted.
Plaintiffs argued that the provisions violated the First Amendment, unjustly burdened employers, and would continue to cause ”irreparable harm” to the agriculture industry.
“This ruling is a victory for farmers and the agricultural community nationwide,” said IFPA chief executive Cathy Burns.
“The stay prevents a regulatory overreach that would increase costs and inefficiencies while imposing unconstitutional restrictions on employers.
”By granting this relief, the court ensures that farmers can focus on producing the fresh fruits and vegetables our communities depend on to live healthful lives,” she outlined.
IFPA said it would continue to pursue a final decision declaring the rule and its requirements unenforceable, while advocating for policies that supported the agricultural sector and ensured a balanced regulatory approach.
“This decision is a major step toward safeguarding the economic stability of our agricultural community and upholding the integrity of the legal framework governing labour protections,” said IFPA US director of government relations John Hollay.
“On behalf of our producers and industry – and all of the consumers and families who depend on American-grown food – we will continue this legal battle seeking a final judgment that these unlawful and unconstitutional amendments cannot be enforced anywhere in the US.”
Co-plaintiffs to the litigation shared IFPA’s recognition of the decision and remained committed to pursuing the case against the DOL.
“This injunction is a significant win for farmers and ranchers across our nation,” said Mississippi attorney general Lynn Fitch. “It is also a major victory for the rule of law.
”The federal government attempted to sneak labour unions into agriculture – in direct contravention of federal law – and it has been stopped.
”We were pleased to work alongside the International Fresh Produce Association, Farm Bureau, and the Chamber of Commerce and remain committed to supporting the men and women who work the land and feed the nation,” she said.
“Blueberry growers are committed to the people they employ and the families they feed,” explained Kasey Cronquist, president NABC. “This ruling is a step in the right direction to ensuring American farmers can remain competitive and succeed in a global produce market.
”We are confident that the Court’s final ruling will maintain that the rule imposes unlawful demands on farmers and creates significant disruption across the agricultural industry.”
