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The Trump administration has officially suspended enforcement of a 2024 labor rule introduced under President Joe Biden that granted union protections to foreign farmworkers on H-2A visas. The Department of Labor (DOL) announced the move Friday, stating that the rule had already been paused due to multiple federal injunctions, which created "significant legal uncertainty" for U.S. farmers.
The H-2A visa program allows American agricultural employers to hire seasonal foreign workers when there are no local laborers available. In 2023 alone, over 378,000 H-2A positions were certified, triple the amount from 2014, and accounting for roughly 20% of the nation’s farm labor force, according to the U.S. Department of Agriculture.
By suspending the rule, the DOL says it is offering clarity and operational stability for farmers navigating the complex H-2A program. The Biden-era regulation had aimed to protect organizing rights for temporary foreign workers, but critics, including many in the agriculture industry, viewed it as overly burdensome and misaligned with immigration enforcement priorities.
The decision aligns with Donald Trump’s broader immigration stance, which includes tightening visa regulations and enforcing stricter border policies. However, Trump recently acknowledged that industries like farming and hospitality, which depend heavily on migrant labor, have been impacted by the crackdown. He pledged to introduce measures soon to support those sectors.
The suspension takes effect immediately, as outlined in a new field assistance bulletin from the DOL. While legal battles around the 2024 rule continue, the administration’s move marks a significant policy reversal that could shape the future of agricultural labor in the U.S., particularly as the H-2A program continues to expand.
