States, farmers file suit against Biden admin over rule allowing temporary farm workers to unionize

A coalition of states, Miles Berry Farm and the Georgia Fruit and Vegetable Growers Association filed a new lawsuit on Monday challenging the Labor Department's rule that would require agricultural employers to allow temporary foreign farm workers to form unions without congressional approval.

Southeastern Legal Foundation, which is representing Miles Berry Farm and the Georgia Fruit and Vegetable Growers Association in the lawsuit, said in a news release the department "claims that it has authority to do so under the Immigration Reform and Control Act, even though that congressional statute – which grants temporary H-2A employment visas to migrant farm workers—never so much as mentions the right to form unions."

Vice President of Litigation for SLF Braden Boucek argued that President Biden is "once again mobilizing the bureaucracy to dismiss and override Congress when it won’t act as he wants" and this time "it comes at the expense of America’s farmers."

He also said that “making a living off the land is hard enough these days without the Department of Labor granting a right to foreign workers that is denied to Americans."

Kansas Attorney General Kris Kobach shared a similar view in a formal statement about the lawsuit.

"Once again, Joe Biden is putting America last. He’s giving political benefits to foreign workers while American workers struggle in Biden’s horrible economy. I stand with American workers," he said.