Attorney General Lynn Fitch applauded anorder of the U.S. District Court for the Southern District of Mississippi, haltingnationwide enforcement of a rule amending H-2A visa program regulationsthat would have brought labor unions onto American farms and ranches.
Thelawsuit argued that the regulation is unconstitutional and beyond theDepartment of Labor’s (DOL) statutory authority and was filed with theMississippi Farm Bureau Federation, Stone County (MS) Farm Bureau,American Farm Bureau Federation, Chamber of Commerce of the UnitedStates, and other representatives of the American agricultural community."This injunction is a significant win for farmers and ranchers across ournation. It is also a major victory for the rule of law," said Attorney GeneralLynn Fitch. "The Biden-Harris Administration attempted to sneak laborunions into agriculture – in direct contravention of federal law – and it hasbeen stopped. We were pleased to work alongside the Farm Bureau and theChamber of Commerce and remain committed to supporting the men andwomen who work the land and feed the nation."In August, a ruling in a similar case, Kansas v. U.S. Department of Labor,found the rule unconstitutional and the district court enjoined DOL fromenforcing the rule within 17 states. This week’s ruling applies nationwide. Thecourt noted that it “does not see how the text ... affords [the Department ofLabor] the broad delegation of authority it claims such as to allow it to providecollective rights to H-2A workers which would not otherwise be available todomestic agriculture workers. And the Court may not read such authority intothe statute at [the federal government’s] behest.”
“On behalf of Mississippi’s and America’s farmers, we are proud that theUnited States District Court for the Southern District of Mississippi stopped theDOL’s overreach in regulating agricultural labor," said Mike McCormick,
Mississippi Farm Bureau Federation President.“The Labor Department’s onerous H-2A rule will make it difficult for Americanfarmers and ranchers to meet their critical workforce needs. The rulewas already enjoined in 17 states, and the nationwide stay of the laborprovisions provides much needed relief to the regulatory confusion created bythe Department," said Jon Baselice, Vice President, ImmigrationPolicy, U.S. Chamber of Commerce.
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