The United States government announced this Tuesday the repeal of a crucial program that facilitated the temporary hiring of guest workers in the agricultural sector, a measure that will directly impact thousands of employees and rural producers across the country.
The Department of Labor (DOL) confirmed the implementation of 63 deregulatory actions promoted by the Donald Trump administration to "stimulate" domestic employment and reduce regulatory burdens.
Among the package are several measures that directly affect the H-2A program in its current form, used by agricultural employers to legally hire temporary foreign workers. According to the authorities, the decision was made following a review that revealed "systematic labor exploitation practices" and "structural deficiencies in the protection of workers' rights."
The repealed regulations include, among others, one that required actions such as the use of seat belts, the prohibition on employers from confiscating workers' documents (such as passports and visas), and protected the right of these foreign workers to join a union, among others.
The Secretary of the Department of Labor, Lori Chavez-DeRemer, defended the reforms as part of a "bold plan" to reduce regulations deemed burdensome and to relieve companies of burdens that, according to the government, “destroy jobs” and contribute to inflation.
"The Department of Labor is proud to lead the elimination of unnecessary rules that stifle growth and limit opportunities. These historic actions will free up Main Street, drive economic growth and job creation, and provide American workers with the flexibility they need to build a better future," he said.
The Undersecretary Keith Sonderling emphasized that the intention is to restore "American prosperity" by prioritizing opportunities for local workers.
Last month, the federal government had announced "the temporary suspension of the application of the law at the national level, ensuring clarity and consistency while the litigation regarding the legality of the 2024 Final Rule continues and the Department considers new regulatory measures."
A previous statement had emphasized that the rule implemented by the Biden administration starting in April 2024 to boost agricultural work imposed a series of "unnecessary, burdensome, and costly requirements on 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 that are not commonly offered to other American workers, including policies for progressive discipline due to violations of work rules," the text stated.
The H-2A program was designed to address the labor shortage in agriculture through temporary permits. In fiscal year 2024, the Department of Labor certified 384,900 jobs under this special visa type.
Each year, over 300,000 workers —mostly from Mexico and Central America— were hired under this arrangement.
Frequently Asked Questions about the Repeal of the H-2A Program and Its Implications
What is the H-2A program and why is it important for agriculture in the U.S.?
The H-2A program allows agricultural employers to legally hire temporary foreign workers to address the labor shortage in the fields. It is crucial for agriculture in the U.S. as more than 300,000 workers, mainly from Mexico and Central America, are hired each year under this program. Without this program, the industry faces significant challenges in staffing, which could impact agricultural production and the rural economy.
Why did the Trump administration decide to repeal the H-2A program?
The Trump administration decided to repeal the H-2A program after identifying "systematic practices of labor exploitation" and deficiencies in the protection of workers' rights. The repeal is part of a set of deregulation actions aimed at reducing burdens on employers and promoting domestic employment, according to the U.S. Department of Labor.
What impact will the repeal of the H-2A program have on the U.S. agricultural sector?
The repeal of the H-2A program could have a significant impact on the agricultural sector by making it more difficult to hire temporary foreign workers, which could lead to labor shortages in the fields. This could affect agricultural production, increase costs for producers, and potentially raise prices of agricultural products for consumers.
Are there alternatives to the H-2A program to address the labor shortage in agriculture?
Currently, there are no direct alternatives to the H-2A program that provide the same capacity for legally hiring foreign workers in the agricultural sector. The Trump administration has suggested measures such as halting deportations for certain workers, but these proposals are still under discussion and do not offer a comprehensive solution to the labor shortage.
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