Judge Says Trump H-2A Wage Rule Could Hurt American Farmworkers
Summary
A federal judge blocked a Trump administration rule that lowered wage requirements for foreign farmworkers hired under the H-2A visa program. The judge ruled that the Labor Department did not prove the rule protected U.S. farmworkers from wage cuts and bypassed proper rulemaking steps.Key Facts
- The rule changed how wages are set for foreign agricultural workers under the H-2A visa program starting in 2025.
- It lowered the minimum wage levels for many foreign farmworkers, sometimes by up to $7 per hour.
- The judge, appointed by President Biden, said the Labor Department failed to show the wage cuts would not hurt American farmworkers’ wages.
- About 92% of H-2A workers would be paid at the lowest skill tier under the rule, based on the 17th percentile wage rather than the average wage.
- The rule introduced a two-tier wage system and reduced wages by accounting for employer-provided housing.
- The judge ordered the Labor Department to create a new method to set wages and warned employers might owe backpay if the new wages are higher.
- The United Farm Workers union praised the decision and called for quick new wage rules to protect farmworkers.
- The Labor Department had argued the wage changes were needed to fix farm labor shortages and help growers manage costs under stricter immigration enforcement.
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