Federal judge halts reversal of immigrant worker rules

A federal judge in North Carolina has issued a preliminary injunction nationwide which blocks the Obama Administration’s reversal of an immigrant labor policy. On January 17th, just three days before leaving office, the Bush Administration made some changes to the Department of Labor’s H-2A guest worker program.Supporters said the changes made the program much simpler, eliminating duplication among state and federal agencies processing applications, increasing fines for willfully displacing U.S. citizens with foreign workers and implementing a new wage formula. Critics charged the changes pushed wages lower, reduced worker protection and actually made it easier to hire foreign workers.

Upon taking office on March 26th, Secretary of Labor Hilda Solis suspended the changes pending further review by the Obama Administration. In May, the Secretary announced the Department of Labor would suspend the changes for nine months effective June 30th and revert to those in effect prior to January 17th.

The North Carolina Growers’ Association, the Florida Fruit & Vegetable Association, the National Council of Agricultural Employers and other groups filed suit seeking an injunction and on Monday the court granted the plaintiff’s request. It is not known if the Department of Labor will appeal.