IFPA leads legal challenge against new H-2A rule, citing regulatory overreach

The International Fresh Produce Association (IFPA) and several agricultural organizations have filed a lawsuit against the U.S. Department of Labor (DOL) over new regulations impacting the H-2A program, arguing the changes are unconstitutional and threaten farmers’ free speech.

The lawsuit, filed in the Southern District of Mississippi, seeks a permanent injunction on DOL’s rule, which grants collective bargaining rights to temporary workers and imposes new employer restrictions.

Co-plaintiffs include the American Farm Bureau Federation, AmericanHort, and the U.S. Chamber of Commerce. The rule has been blocked in 17 states due to a previous court ruling, but it remains in effect elsewhere, creating a patchwork of requirements for employers.

“This lawsuit challenges the unauthorized process through which DOL passed this rule and the unlawful and unconstitutional impacts it has on American agriculture employers,” said Cathy Burns, CEO at IFPA.

Mississippi Attorney General Lynn Fitch, one of the plaintiffs, said the rule undermines farmers.

“This attempt by the federal government to slip labor unions onto American farms through the backdoor undermines farmers and threatens the very fabric of the American agricultural community,” Fitch said.

The lawsuit follows a similar case in Kansas, where a court ruled the regulation unconstitutional. Plaintiffs argue that inconsistent enforcement of the rule across states further complicates the labor market for farmers, who rely on foreign labor through the H-2A program to meet workforce demands.

The case will now proceed in federal court, with plaintiffs seeking to overturn the rule nationwide.