U.S. Department of Labor Halts Enforcement of the 2024 H-2A Farmworker Rule
The U.S. Department of Labor’s Wage and Hour Division announced it is suspending enforcement of the Biden Administration’s 2024 farmworker rule. The decision provides clarity for American farmers navigating the H-2A program, while also aligning with President Trump’s ongoing commitment to strictly enforcing U.S. immigration laws.
As multiple federal court injunctions have created significant legal uncertainty, inconsistency, and operational challenges for farmers lawfully employing H-2A workers, this field assistance bulletin clarifies that the department will not be enforcing the 2024 final rule effective immediately – providing critical predictability for agricultural employers as litigation continues and as the department considers further regulatory action.
The rule’s implementation had already been suspended by the department because of federal injunctions. This guidance does not change existing regulations or limit the Wage and Hour Division’s authority to enforce H-2A requirements put in place prior to the 2024 final rule. It supersedes any contrary or conflicting guidance to field staff but does not create legally enforceable obligations or alter any statutory or regulatory requirements, ensuring full enforcement of U.S. immigration laws.
“The current decision is a positive development and an important recognition of the regulatory burden the rule would have imposed. However, it does not change or eliminate any existing H-2A program regulations,” says AmericanHort in a statement. “AmericanHort, its members, and coalition partners worked diligently to communicate the rule’s complexity, duplication, and the unfair impact it would have had on growers. We will continue to closely monitor DOL activity and advocate for regulatory clarity and fairness in agricultural labor policy.”
For additional guidance beyond the field assistance bulletin, workers and employers can contact the Wage and Hour Division at its toll-free helpline, 866-4US-WAGE (487-9243).