Department of Labor Suspends Protections for H-2A Guest Workers and Announces Plan to Bring in More


The rule finalized a year ago—Improving Protections for Workers in Temporary Agricultural Employment in the United States—made small changes intended to address those risks. It prohibited retaliation against workers who engaged in workforce organizing activities and protected their right to have guests visit employer-provided housing. It required more transparency in the recruitment process, mandated employers share more details of job requirements up-front, and prohibited them from confiscating worker passports or other immigration documents.

But the Biden-era rule was already on hold in 17 Republican states after those states sued and a judge blocked the DOL from enforcing it. In its announcement suspending the rule, the DOL cited legal uncertainty and inconsistency as a reason for its decision. “A temporary, nationwide suspension of enforcement ensures clarity and consistency while existing litigation over the legality of the 2024 Final Rule continues, and the Department considers further regulatory action,” wrote Donald M. Harrison, acting administrator of the Wage and Hour Division, in a bulletin.

But CDM sees the action as an affront to workers. “Farmworkers who participate in the H-2A visa program have fought for years—even decades—for strengthened protections against retaliation, fraud, and trafficking,” they wrote. “And now the Trump administration is dismissing them and their hard-won protections.” (Link to this post.)



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