Federal Judge Blocks Protections for Foreign Farmworkers

A federal judge in Kentucky, Danny Reeves, has issued a preliminary injunction blocking the Biden Administration's new regulations that would grant collective bargaining rights to H-2A migrant farm workers in Kentucky, Ohio, West Virginia, and Alabama. The ruling follows an earlier injunction from a Georgia judge covering 17 states, as farmers and Republican attorneys general argued that the Department of Labor exceeded its authority. Reeves criticized the regulations as 'arbitrary and capricious,' asserting that they misinterpret the National Labor Relations Act, which does not currently cover farm workers. The injunction halts provisions aimed at protecting H-2A workers from employer retaliation and discrimination, which the DOL claimed were necessary to prevent unfair treatment. Critics, including Kentucky Attorney General Russell Coleman, asserted that the rules would complicate farming operations and raise food prices. The Department of Labor has not yet commented on whether it will appeal the decision.