A federal judge in Kentucky has halted the Biden administration's expanded protections for foreign agricultural workers under the H-2A visa program. The judge sided with Kentucky farmers and Republican attorneys general from several states who argued the new rules effectively granted foreign farmworkers collective bargaining rights, a decision that should be made by Congress, not the executive branch.
Implemented in April by the U.S. Department of Labor, the rules broadened protections for H-2A visa holders, including safeguards against intimidation, threats, or discrimination related to self-organization and concerted activities concerning wages or working conditions. Judge Reeves criticized these provisions as an overreach of executive authority, suggesting they create substantive collective bargaining rights without Congressional approval.

Temporary agricultural workers with H-2A work visas wait in line to cross the San Ysidro Port of Entry. (Mario Tama/Getty Images)
The judge's decision follows a prior preliminary injunction in another case that blocked the rules in 17 states, though this ruling does not have nationwide application. The H-2A visa program, established in 1986, allows employers to hire foreign agricultural workers temporarily when there's a shortage of domestic labor. It includes protections for American workers, such as setting a minimum wage for foreign workers in the program.

Kentucky Attorney General Russell Coleman (Ryan C. Hermens/Lexington Herald-Leader/Tribune News Service via Getty Images)

Kentucky farmland. (Joe Sohm/Visions of America/Universal Images Group via Getty Images)
Kentucky Attorney General Russell Coleman expressed concern that the Biden administration's rules would harm Kentucky farmers and increase food prices. He affirmed his commitment to supporting the state's agricultural sector.
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