A federal judge has intervened to halt President Joe Biden's efforts aimed at unionizing temporary H-2A farmworkers. This immigration program, established in 1986, enables farmers to temporarily hire foreign workers, primarily from Mexico, when domestic labor is unavailable.
According to reports from EFE, the U.S. Department of Labor intended to provide these workers with special protection against employer retaliation, unsafe working conditions, and illegal recruitment practices. However, Judge Danny Reeves argued that permitting these immigrants to unionize should be a matter for Congress to decide. As a result, he has suspended the implementation of this measure in Kentucky, Alabama, Ohio, and West Virginia.
Legal Challenge from Farmers and State Officials
The ruling came in response to a lawsuit filed by Kentucky farmers and Republican attorneys general from the three other states. Kentucky Attorney General Russell Coleman criticized the regulation, labeling it "illegal and unnecessary," asserting that it would have adversely affected farmers striving to support their families.
Had it been enacted, this regulation would have allowed temporary visa holders to engage in collective bargaining, potentially altering the dynamics of labor negotiations in the agricultural sector.