A recent ruling by a federal judge in Kentucky has blocked new labor protections aimed at foreign farmworkers, marking a significant legal setback for the Biden-Harris administration.

A federal court has overturned protections for H-2A visa farmworkers, asserting that issues such as unionization rights should be addressed by Congress, not by administrative rulemaking, as Fox News reports.

The case, presided over by U.S. District Judge Danny Reeves, involved expanded protections for farmworkers on H-2A visas.

These rules, introduced by the U.S. Department of Labor in April, were designed to shield workers from discrimination and intimidation related to their union activities.

Judge Cites Overreach in Labor Department's New Rules

Judge Reeves criticized the Department of Labor for overstepping its bounds with the new regulations. He highlighted that the rules attempted to grant H-2A workers new rights, particularly in preventing unfair treatment by employers.

He stated, "In perhaps its most blatant arrogation of authority, the Final Rule seeks to extend numerous rights to H-2A workers which they did not previously enjoy through its worker voice and empowerment provisions."

This ruling aligns with the arguments presented by several Republican attorneys general, who contended that the rule granted collective bargaining rights inappropriately.

These protections were contested by a group of farmers from Kentucky along with attorneys general from Kentucky, Ohio, West Virginia, and Alabama.

They argued that the new rules effectively conferred collective bargaining rights which, according to them, should be determined by congressional action, not administrative policy.

Prior Injunction and Regional Impact

A preliminary injunction issued earlier in Georgia had already put a temporary halt to the enforcement of these rules in 17 states. The Kentucky decision further strengthens the opposition to the Biden administration's policy changes regarding agricultural worker protections.

Kentucky Attorney General Russell Coleman supported the ruling, emphasizing the potential negative impacts on local agriculture.

"This unlawful and unnecessary rule from the Biden-Harris Administration would have made it harder to get farmers’ products to grocery store shelves and would have increased already high prices for families," Coleman stated.

He added, "We will continue to do what’s right to stand up for Kentucky’s farmers," underscoring the ongoing commitment to challenging federal regulations perceived as harmful to the agricultural sector.

The H-2A Visa Program and Its Role

The H-2A visa program, established by Congress in 1986, allows for the temporary employment of foreign workers in agricultural jobs. This program is crucial for many U.S. farms, particularly those requiring seasonal labor for planting, cultivating, and harvesting crops.

Judge Reeves’ decision underscores a significant judicial pushback against attempts by federal agencies to expand their authority through regulatory changes.

His ruling stressed that the Final Rule not only attempted to protect H-2A workers from retaliation but also ventured into the territory of creating substantive labor rights without the necessary legislative approval.

"The Final Rule not so sneakily creates substantive collective bargaining rights for H-2A agricultural workers through the ‘prohibitions’ it places on their employers," remarked Reeves during his judgment.

This comment highlights the court's overall view that the Labor Department overreached its regulatory authority.