AG Fitch Stands with MS Farmers in Challenging Unconstitutional Biden-Harris H-2A Rule
(Jackson, Mississippi) Today, Attorney General Lynn Fitch filed a lawsuit challenging the U.S. Department of Labor’s (DOL) unconstitutional regulatory overreach and limitations on the freedom of speech of farmers who employ temporary workers. The lawsuit was filed in the Southern District of Mississippi, along with the Mississippi Farm Bureau Federation, Stone County (MS) Farm Bureau, American Farm Bureau Federation, Chamber of Commerce of the United States, and other representatives of the American agricultural community.
“This attempt by the Biden-Harris Administration to slip labor unions onto American farms through the backdoor undermines farmers and threatens the very fabric of the American agricultural community,” said Attorney General Lynn Fitch. “Not only has Congress not authorized this, it has specifically exempted farm workers from collective bargaining laws. I am proud to stand with those who grow our food, protecting their livelihoods and their freedoms from this overreach.”
“We are standing up for our members across the state of Mississippi who use the H2A program to make a living through agriculture. Rules and regulations like this Department of Labor rule make farming nearly impossible,” said Mike McCormick, President, Mississippi Farm Bureau Federation. “I want to thank American Farm Bureau Federation and the organizations across the country who are joining this effort to see farmers and farm workers treated fairly with rules in which both can benefit.”
“Our county producers who use H-2A workers need fair rules and regulations benefiting the farmer and the farm worker alike. The Department of Labor’s rule puts undue pressure on farm families already under tremendous pressure to make ends meet,” said J.B. Brown, Co President, Stone County Farm Bureau.
The lawsuit argues DOL’s recently finalized H-2A rule illegally gives temporary workers collective bargaining rights, restricts the First Amendment rights of farmers who employ agriculture workers, and creates additional onerous burdens for employers and state governments. Taken separately and together, these effects are causing and will continue to cause irreparable harm to the intricate and essential American agriculture community.
“The Labor Department’s onerous H-2A rule will make it difficult for American farmers and ranchers to meet their critical workforce needs,” said Jon Baselice, Vice President, Immigration Policy, at the U.S. Chamber of Commerce. “It does so by violating the free speech rights of American employers and the legal framework set by Congress decades ago. The rule is already enjoined in 17 states, but the Department has chosen to press ahead in the rest of the country. This regulatory confusion must be stopped, which is why the U.S. Chamber of Commerce is proud to join our allies in filing this suit against this rule today.”
The lawsuit requests an immediate injunction of DOL’s Improving Protections for Workers in Temporary Agricultural Employment in the United States. In August, a ruling on Kansas v. U.S. Department of Labor found the rule unconstitutional and the district court enjoined DOL from enforcing the rule within the 17 states.
Click here to read the full complaint.