by Jose Nino, Big League Politics:
Kobach is one of America’s greatest immigration patriots
Kansas Attorney General Kris Kobach has been spearheading an effort consisting of 17 states filing a lawsuit against the Biden regime’s Department of Labor for a federal regulation that bestow collective bargaining rights to foreign farm workers while American farm workers are left out.
John Binder of Breitbart News noted that back In September 2023, the Labor Department rolled out a federal regulation that would sharply change the H-2A visa program, which lets United States farms import foreign workers to take agricultural jobs that Americans usually hold.
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This new rule was finalized in April 2024, which allowed foreign H-2A visa workers to receive collective bargaining rights that are generally not afforded American farm workers.
In early June, Kobach and 16 state attorneys general filed a lawsuit against the Labor Department over the rule, contending that the Biden regime does not have the power to rewrite parts of the National Labor Relations Act (NLRA).
“Once again, Joe Biden is putting America last,” Kobach declared in a statement. “He’s giving political benefits to foreign workers while American workers struggle in Biden’s horrible economy. I stand with American workers.”
The lawsuit highlights:
The Final Rule is not in accordance with federal law. Congress has already clearly spoken on whether agricultural workers have collective bargaining rights and has concluded that they do not. Only Congress can rewrite the NLRA. The Defendants cannot do it through the rulemaking process.
The Final Rule effectively provides NLRA rights to H-2A workers. These are rights that American farmworkers explicitly do not have under federal law. Yet the Final Rule claims that providing these rights for H-2A workers — which similarly situated Americans lack — will somehow prevent adverse effects of American wages.
The lawsuit calls on a federal court to bar the Labor Department from enforcing the rule, declaring that it violated federal law.
The other states that jumped on the lawsuit bandwagon are Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Louisiana, Missouri, Montana, Nebraska, North Dakota, Oklahoma, South Carolina, Tennessee, Texas, and Virginia.
The H-2A visa program is usually used to replace Americans workers with much cheaper and more pliable sources.
For perspective, In 1997, over 16,000 foreign H-2A visa workers were imported to displace American agricultural workers. The most recent figures from Fiscal Year 2022 demonstrated that US farms imported close to 300,000 foreign H-2A visa workers to take American jobs.
The lawsuit in question is Kansas v. US Department of Labor in the US District Court for the Southern District of Georgia.
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