Department of Labor suspends enforcement of Farmworker Protection Rule

The Trump administration’s Department of Labor announced June 20 it would end enforcement of the Biden administration’s Farmworker Protection Rule, effective immediately.

The rule strengthens protections for workers in the H-2A program and helped ensure the program didn’t have an adverse effect on the working conditions of similarly employed workers in the U.S.

The enforcement of the rule was suspended to provide clarity for American farmers navigating the H-2A program while also aligning with the administration’s strict enforcement of U.S. immigration laws, according to a DOL press release.

The rule itself is not suspended — only the enforcement of the rule by the DOL.

“This decision is a powerful win for American agriculture,” said John Hollay, U.S. director of government relations for the International Fresh Produce Association. “The Department of Labor has recognized the serious risk it posed to growers across the country, who were being asked to absorb exorbitant fees and restrictions on business operations. This reprieve brings stability to producers who are already navigating labor shortages, inflation and global market pressures.”

Cathy Burns, CEO of the International Fresh Produce Association, said the decision delivers “long-overdue relief.”

“(It) restores confidence for the fresh produce industry,” Burns said. “It allows our growers to focus on what they do best: growing and harvesting the fruits and vegetables that nourish families every day. We are grateful for the administration’s efforts to support farmers and farm labor.”

The Farmworker Protection Rule for the H-2A program — which allows employers to hire temporary foreign workers when there is a lack of able, willing and qualified U.S. workers to do the agricultural labor — was blocked from being enforced in 17 states by a federal judge in Georgia in August 2024.

The International Fresh Produce Association and nine co-plaintiffs, including AmericanHort, also filed a lawsuit in October 2024 contesting the rule on the ground that it illegally gives temporary agriculture workers collective bargaining rights, restricts the First Amendment rights of farmers who employ H-2A workers and creates additional burdens for employers and state governments. The lawsuit is still pending.

Matt Mika, vice president of advocacy and government affairs at AmericanHort, said the rule exceeded the original scope of the H-2A program, causing confusion and operational difficulties for America’s growers.

“The current decision is a positive development and an important recognition of the regulatory burden the rule would have imposed,” Mika said. “However, it does not change or eliminate any existing H-2A program regulations. AmericanHort, its members and coalition partners worked diligently to communicate the rule’s complexity, duplication and the unfair impact it would have had on growers.”