Federal Judge Blocks Biden’s New Rule on Foreign Farm Workers’ Rights

A Kentucky federal judge has temporarily blocked a Biden Administration rule on collective bargaining rights for foreign farm workers, stirring controversy.

At a Glance

  • Federal Judge Danny Reeves issued a preliminary injunction against the Biden-Harris rule.
  • The rule grants collective bargaining rights to H-2A visa holders.
  • Critics claim it contravenes the National Labor Relations Act and oversteps authority.
  • The injunction applies to West Virginia, Kentucky, Ohio, and Alabama.

Judicial Pushback on Biden’s Rule

The Biden Administration’s attempt to introduce collective bargaining rights for foreign farm workers under the H-2A visa program has faced significant judicial resistance. U.S. District Judge Danny Reeves issued a preliminary injunction blocking the regulation. The injunction covers West Virginia, Kentucky, Ohio, and Alabama, and prevents the rule from taking effect in these states.

The regulation has faced criticism for creating rights for foreign workers without Congressional approval, allegedly violating the National Labor Relations Act (NLRA). West Virginia Attorney General Patrick Morrisey remarked, “This is a win for the rule of law in particular to putting a halt to an attempt from an administrative agency to legislate without the consent of Congress.” He added, “It’s clear from the order Monday that the Department of Labor had overstepped its authority.”

Impact on Agriculture Sector

The agricultural industry, which says it relies heavily on the H-2A visa program for labor, has expressed concern over the rule’s potential economic impact. The Department of Labor, now barred from enforcing the rule, faces criticism for potentially increasing regulatory burdens and costs. Kentucky Attorney General Russell Coleman argued that the regulations could harm farmers and escalate food prices.

“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,” Coleman said.

A similar ruling in Georgia has also blocked the regulation in multiple additional states.

Ongoing Legal and Economic Ramifications

Meanwhile, the U.S. Chamber of Commerce lauded the nationwide stay, citing challenges for American farmers in fulfilling workforce needs. Concurrently, Chief District Judge Halil Suleyman Ozerden also blocked related Labor Department protections for farmworkers on H-2A visas, marking the third injunction against these regulations.

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