South Carolina Attorney General Alan Wilson is co-leading a 17-state coalition in a lawsuit against the Biden administration to prevent migrant farm workers from receiving union rights that domestic farm workers do not have. The U.S. District Court for the Southern District of Georgia Brunswick Division has granted the states' motion for a preliminary injunction, halting the implementation of these rights while the lawsuit proceeds.
"Here we go again. The Biden administration is almost constantly trying to enact rules and regulations that it does not have the authority to do, but we’ll keep fighting this unconstitutional overreach every time it happens," Attorney General Wilson stated.
The court agreed with the plaintiff states that the U.S. Department of Labor's (DOL) new rule contradicts federal law by attempting to create legislation beyond its authority. The injunction applies specifically to the plaintiff states, including South Carolina, and private plaintiffs.
The states contend that the DOL’s rule, "Improving Protections for Workers in Temporary Agricultural Employment in the United States," unlawfully grants collective bargaining rights to agricultural migrant workers under the H-2A visa program—rights not extended to American citizens working in similar jobs.
Joining South Carolina in this legal action are Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Louisiana, Missouri, Montana, Nebraska, North Dakota, Oklahoma, Tennessee, Texas, and Virginia. Private entities Miles Berry Farm and the Georgia Fruit and Vegetable Growers Association are also plaintiffs.
The court's order granting the preliminary injunction can be accessed here.