Article in the Capital Press

June 23, 2025

By Don Jenkins

The U.S. Department of Labor has shelved a Biden-era rule that gave union rights to foreign farmworkers and guaranteed labor organizers access to farms.  

The department directed its field staff June 20 to stop enforcing the Improving Protections for Workers in Temporary Agricultural Employment.  

The rule also required farms to follow a five-step process to fire foreign farmworkers and made farmers responsible for making sure workers wore seat belts in company vehicles.

The department said in a statement the rule was burdensome. It already was being unevenly enforced because of court injunctions that applied to some farms, but not all.  

“The decision (to suspend the rule) provides much-needed clarity for American farmers navigating the H-2A program, while also aligning with President Trump’s ongoing commitment to strictly enforce U.S. immigration laws,” the Labor Department said.  

Because of the court orders, the rule was on hold in 21 states, including Idaho. One judge issued a nationwide temporary injunction against the provision allowing foreign farmworkers to act collectively to improve working conditions.  

“It was just about impossible for them to enforce the rule because of the injunctions, but it was still hanging over the industry,” National Council of Agricultural Employers CEO Michael Marsh said.  

“We’re thrilled the rule was suspended and hopefully the administration will move further and withdraw the rule,” he said.  

The Biden administration maintained the rule was necessary to prevent foreign farmworkers from being abused. Biden’s acting labor secretary, Julie Su, said H-2A workers too frequently face abusive working conditions.

“The rule was telling farmers, ‘You’re bad, and we’re going to punish you for it,’ ” Worker and Farmer Labor Association CEO Enrique Gastelum said.  

Besides being offended, farm groups sued, as did state attorneys general in red states. A major issue was whether the rule violated the National Labor Relations Act, which excludes farmworkers from collective-bargaining rights.  

The Biden administration argued the rule didn’t require farms to recognize or bargain with unions. A federal judge in North Carolina agreed and upheld the rule, but judges in Georgia, Kentucky and Mississippi disagreed, noting the Biden rule lifted language from the NLRA.  

Even though the rule was mostly losing in court, it still applied to some farms. An injunction issued in November covered current Worker and Farmer Labor Association members, but not new members. The Lacey, Wash.-based organization recruits foreign farmworkers for its members.  

“Until the rule is formally rescinded or a court completely strikes it down, I  won’t rest easily,” Gastelum said.  

Farm groups are fighting in court other H-2A rules adopted by the Biden administration.  

A federal judge in Florida is scheduled to hear arguments July 1 on whether rules for calculating prevailing wages artificially inflates minimum wages for H-2A workers. The department sets the wages to prevent foreign labor from lowering wages for U.S. workers.