In October, the U.S. Department of Labor reduced the wages of workers who hold H-2A visas, which allow non-US citizens to fill agricultural roles when US workers are unavailable.
The federal government sets the Adverse Effect Wage Rate (AEWR) for H-2A workers, a base rate that's designed to keep H-2A wages from outcompeting US-born workers' pay. A report from the Economic Policy Institute estimates the new AEWR rules set by the federal government could result in H2A farmworkers' wages being "cut by a total of $2 billion or more—between 26% to 32% of their wages."
The UFW foundation, a group that advocates for farmworkers and immigrants, has filed a lawsuit alongside the United Farm Workers challenging the rule.
Diego Iñiguez-López is the government affairs director for the UFW Foundation.
“The rule was issued in an arbitrary and capricious manner that did not provide for a public comment period before its implementation," Iñiguez-López said.
He said the lawsuit aims to block the rule in court, but also emphasized that the legal process will likely take a long time —maybe even years — and that the rule was put in place effective immediately.
"H-2A workers, and US workers who will begin working with H-2A workers are going to face these cuts," Iñiguez-López said. "And we've already seen job orders being approved by the Department of Labor with these new wage cuts."
Although the rule is specific to H-2A visas, the Foundation’s lawsuit argues that the new rule harms migrant and US farm workers.
“They're cutting wages for H-2A workers as well as US workers, and then the depression of those wages will ultimately adversely affect US workers, who may not work with H-2A workers. So, the rule directly affects US workers," Iñiguez-López said.
The lawsuit includes four plaintiffs who live in Michigan or have worked in Michigan in the past. One currently lives in Kalamazoo. According to Michigan Farm News, Michigan’s base wage rate for H-2A workers will drop by around $5 per hour under the new rule. Iñiguez-López said cuts of that magnitude put an already economically disadvantaged population in even more financial hardship.
"That will directly impact and in many cases make it impossible for workers to afford food and housing and other basic necessities to survive," Iñiguez-López said. "Making the farmers who put food on our tables unable to eat."
The farmworkers who are listed as plaintiffs in the suit are from Michigan, Georgia, California, Washington, Texas, and Missouri. Michigan Attorney General Dana Nessel also joined 17 other attorneys general who signed a letter opposing the new rule.
