By Joshua Baethge
Farm Progress
A U.S. District Court Judge issued an injunction Monday blocking farmworkers in the U.S. on H-2A visas from unionizing in 17 states. The decision halts a recent Labor Department rule intended to give H-2A workers new protections for self-advocacy.
In her ruling, Judge Lisa Wood acknowledged the Department of Labor has the authority to make rules governing H-2A workers. However, she says the Labor Department does not have the authority to “create law or protect newly created rights of agricultural workers.” That authority, she says, belongs to Congress.