The U.S. Department of Labor’s efforts to protect H-2A visa workers organizing labor unions faced a significant setback. The U.S. District Court for the Southern District of Mississippi issued a nationwide preliminary injunction against the rule. This follows earlier rulings in Georgia and Kentucky that blocked the rule in 21 states.

The rule, “Improving Protections for Workers in Temporary Agricultural Employment in the United States,” aimed to safeguard H-2A workers against wage theft, trafficking and discrimination. Critics argue it violates the National Labor Relations Act. This excludes farmworkers from collective bargaining.

Plaintiffs, including the International Fresh Produce Association (IFPA), U.S. Chamber of Commerce and agricultural groups, deemed it unconstitutional and an overreach. They claim it imposed burdensome regulations on farmers and producers.

IFPA CEO Cathy Burns, Mississippi Attorney General Lynn Fitch and various industry leaders said the ruling was a victory for farmers and legal fairness. They called for revising the rule to better align with industry needs and legal frameworks while ensuring fair treatment for workers.

Read more on the Improving Protections for Workers in Temporary Agricultural Employment in the United States rule here.