The United States government announced on Tuesday the termination of a critical program that facilitated the temporary hiring of guest workers in the agricultural sector. This decision will have a direct impact on thousands of employees and rural producers across the nation. The Department of Labor (DOL) confirmed the enforcement of 63 deregulatory measures driven by Donald Trump's administration, aimed at "revitalizing" domestic employment and alleviating regulatory burdens.
Included in this package are several measures that significantly alter the current H-2A program, which is used by agricultural employers to legally hire temporary foreign workers. Authorities stated that the decision followed a review uncovering "systematic labor exploitation practices" and "structural deficiencies in worker rights protections."
The regulations being repealed involved, among others, requirements such as the use of seat belts, prohibiting employers from confiscating workers' documents like passports and visas, and protecting the rights of these foreign workers to join a union.
Secretary of Labor Lori Chavez-DeRemer advocated for the reforms as part of a "bold plan" to reduce what the government deems burdensome regulations, thereby freeing businesses from constraints they argue "destroy jobs" and contribute to inflation. "The Department of Labor is proud to lead the removal of unnecessary rules that stifle growth and limit opportunities. These historic actions will unshackle Main Street, boost economic growth and job creation, and give American workers the flexibility they need to build a better future," she stated.
Deputy Secretary Keith Sonderling highlighted the aim to restore "American prosperity" by prioritizing opportunities for local workers.
Last month, the federal government announced a "temporary suspension of the law's enforcement nationwide to ensure clarity and consistency while litigation over the legality of the 2024 Final Rule continues and the Department considers new regulatory measures."
A previous statement emphasized that the rule enacted by the Biden administration starting in April 2024 to encourage agricultural work introduced a series of "unnecessary, burdensome, and costly requirements for employers." Specifically, these provisions include, but are not limited to, new substantial requirements associated with the material terms and conditions offered by employers to H-2A workers not commonly extended to other American workers, including progressive discipline policies for non-compliance with work standards, the text noted.
The H-2A program was designed to address labor shortages in agriculture through temporary permits. In the fiscal year 2024, the Department of Labor certified 384,900 jobs under this special visa type. Each year, more than 300,000 workers, primarily from Mexico and Central America, were employed under this arrangement.
Understanding the Impact of H-2A Program Changes
What is the H-2A program?
The H-2A program is a visa program that allows U.S. agricultural employers to hire foreign workers temporarily to fill labor shortages in the agricultural sector.
How will the repeal of the H-2A program regulations affect agricultural workers?
The repeal will likely reduce protections and rights for foreign workers, potentially leading to less favorable working conditions and increased vulnerability to exploitation.
Why did the Trump administration decide to repeal these regulations?
The administration argued that the regulations were burdensome, stifled job creation, and contributed to inflation. They aimed to prioritize job opportunities for American workers and reduce regulatory constraints on businesses.