Farmworkers and Advocacy Groups Challenge Wage Policy Changes
An alliance of farmworkers and advocacy organizations has filed a lawsuit against the Trump Administration, targeting a revised policy that impacts wages for foreign laborers under the H-2A visa program. This program facilitates the employment of foreign nationals for temporary agricultural roles in the U.S.
The policy adjustment by the U.S. Department of Labor modifies the calculation of the adverse effect wage rate (AEWR), which serves as the baseline hourly wage for H-2A visa holders. The AEWR is designed to safeguard the wages of domestic farmworkers from being undercut by less expensive foreign labor.
According to a press release from the UFW Foundation, the new regulation will decrease H-2A workers’ wages by $5 to $7 per hour. The Department of Labor’s intention behind this revision is to alleviate worker shortages and maintain stable consumer prices.
Diego Iñiguez-López, Director of Government Affairs for the United Farmworkers Foundation, criticized the rule, asserting it would divert approximately $2.46 billion from workers to agricultural employers annually. “It’s more of a Christmas gift to huge agricultural corporations,” he stated.
Iñiguez-López further expressed concern that the policy will exert downward pressure on U.S. domestic worker wages, particularly those employed alongside H-2A workers. “The rule’s going to allow employers to use cheaper labor, ultimately incentivizing them to use H-2A workers over U.S. workers who are willing and able to do this work,” he explained.
The lawsuit highlights that in Michigan, the H-2A hourly wage could fall below the state’s minimum wage, reaching $12.46. Concurrently, domestic workers’ wages are projected to drop from $18.15 to $13.78, according to the lawsuit.
Iñiguez-López noted that these wage reductions would severely impact farmworkers’ financial stability, affecting their access to essentials like food, housing, transportation, and healthcare. He remarked, “It forces them to get second jobs, make cuts to groceries, gas, and other necessities, and it forces them to move because they wouldn’t be able to afford where they currently live.”
He added, “A large percentage of farmworkers already live in poverty, and these wage cuts will deepen that poverty all for the purpose of corporate greed.”
The lawsuit includes farmworkers who are either currently working in Michigan or have ties to the state. Irene Mendoza, a U.S. citizen farmworker, reported being underpaid at $17 per hour instead of the promised $20. Margaret DeAnda Magallon, another U.S. citizen farmworker from Kalamazoo, Michigan, anticipates needing additional work or assistance from food banks due to the wage cuts.
Iñiguez-López claims the rule contravenes the Administrative Procedure Act by not allowing public feedback. The UFW Foundation’s press release supports this assertion, highlighting the lack of a public comment period.
The ultimate aim of the lawsuit is to have a federal court declare the rule unlawful and forestall any potential harm to farmworkers nationwide.
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