Composite story

Federal judge rules Trump H-2A farmworker wage cuts unlawful

Judge Kirk E. Sherriff in Fresno held a Labor Department interim rule lowering H-2A wages arbitrary and capricious, ordered a new methodology, and did not immediately vacate the rule.

U.S. District Judge Kirk E. Sherriff in Fresno ruled a Department of Labor interim final rule that lowered H-2A farmworker wages unlawful, finding it failed the agency's duty not to undercut U.S. farmworker pay and skipped required notice-and-comment. He did not immediately vacate the rule and ordered DOL to promptly produce a new methodology and warn employers they may owe backpay. United Farm Workers and farmworkers sued; the union said wages fell by as much as $7 an hour.

Shared facts

A federal judge struck down a Trump rule that lowered wage requirements for many foreign agricultural workers.

Federal law requires DOL to ensure hiring temporary foreign workers does not adversely affect U.S. workers' wages.

The judge wrote the IFR failed to reasonably consider whether the tier-system methodology could fulfill DOL's statutory duty.

The judge ruled DOL unlawfully bypassed much of the normal federal rulemaking process.

The court ordered DOL to quickly develop a new wage-setting system and publish replacement rates.

U.S. District Judge Kirk Sherriff, a Biden appointee, held the 2025 H-2A wage overhaul unlawful.

UFW said the rule cut many farmworkers' wages by up to $7 per hour.

DOL estimated the rule would transfer $2.46 billion a year from workers to employers.

The court directed officials to warn employers they may face wage-adjustment payments if new rates are higher.

Eighteen farm workers, UFW, and the UFW Foundation sued last year over the DOL rule.

The ruling was reported as issued Wednesday.

Eighteen individual farm workers joined the lawsuit.

Romero said farmworkers should get paid fairly for putting food on tables.

Romero said the government must quickly issue new legal wage rates that protect local farmworkers.

Romero said employers must pay back any difference between the new legal wage and rates still in effect.

Serrano of Sunnyside, Washington, is a plaintiff.

Serrano said growers want H-2A workers instead of local workers.

Serrano said many in Sunnyside look for work but cannot find any.

Serrano said local workers do not matter to the growers and the president.

Serrano said they are happy to hire a new worker for less pay.

Serrano said farmworkers' jobs are very difficult.

Serrano said he is happy the court took local workers into account.

Serrano hoped the decision would protect Yakima Valley wages and jobs.

Serrano said workers have to stay united.

Romero said attacks on farm worker wages will continue.

Corcoran called the ruling a much-needed victory for farm workers.

Corcoran said farm workers deserve a fair day's wage for a fair day's work.

Corcoran said the Trump administration should work to protect farm worker wages.

Disputed facts

The current rule will remain in place temporarily while DOL drafts a replacement.

Shared opinions

Serrano said growers can keep H-2A workers trapped on their property.

Romero called the decision a heartening step.

Los Angeles Times

Trump administration's wage cuts for seasonal farmworkers is unlawful, federal judge in California rules

Brittny Mejia

26 Aug 2026

Facts

The UFW Foundation said California wages fell from $19.97 to $16.90 an hour, a 15% cut.

The rule went into effect Oct. 2.

The union argued the rule was a transfer of wealth from workers to employers.

The Department of Labor previously estimated that the rule, which went into effect Oct. 2, would save employers $2.46 billion yearly. The union argued in the lawsuit that it constituted "a transfer of wealth from the workers to their employers."

attribution · the union

At a March hearing, DOL attorney Alexandra McTague Schulte argued lower H-2A wages would not affect U.S. workers because of a labor shortage.

At a March hearing, Alexandra McTague Schulte, an attorney representing the U.S. Department of Labor, argued that the lower H-2A wage rates would not affect U.S. workers because growers already faced a labor shortage, with demand for farm labor exceeding the available supply, CalMatters reported.

attribution · Alexandra McTague Schulte

A similar 2020 Trump rule was blocked by a UFW and UFW Foundation lawsuit.

DOL and DOJ did not immediately comment on whether they would appeal.

Plaintiffs include farmworkers from Michigan, Georgia, California, Washington, Texas, and Missouri.

Opinion

The Times called the ruling a win for farmworker advocates.

The ruling is a win for farmworker advocates who sued the Trump administration last year, arguing that the rule would undercut wages paid to U.S. workers. More than a dozen farmworkers across the nation, along with the United Farm Workers of America and the UFW Foundation, sought to overturn the rule.

center · pluralist

HuffPost

Trump Admin Illegally Cut H-2A Farmworkers' Wages, Judge Rules

Dave Jamieson

26 Aug 2026

Facts

Judge Kirk E. Sherriff found the DOL H-2A payscale rule arbitrary and capricious and not in line with administrative law.

The Trump administration violated the law when it tried to lower farmworkers' pay rates in a seasonal visa program, a California federal judge ruled Wednesday. Judge Kirk E. Sherriff found that a Labor Department rule pushing down the payscale for H-2A farmworkers was "arbitrary and capricious," and failed to adhere to administrative law. Siding with the United Farm Workers union, he issued an order blocking the rule and forcing the administration to come up with a new methodology.

fact

Sherriff wrote that the justification for lowering pay rates was substantively and procedurally defective.

DOL estimated the changes would transfer more than $17 billion from H-2A workers to employers over a decade.

The UFW said the Trump rule had slashed many farmworkers' wages by up to $7 per hour. In its own analysis of the rule, the administration estimated that the changes would "transfer" more than $17 billion from H-2A workers to employers over the course of a decade.

fact

H-2A lets U.S. companies legally employ foreign nationals on a temporary basis.

Like other visa programs, the H-2A program allows U.S. companies to legally employ foreign nationals on a temporary basis. It's been the fastest-growing program of its kind in recent years as growers have come to rely on it for a steady stream of labor on farms.

fact

It has been the fastest-growing program of its kind as growers rely on it for farm labor.

Like other visa programs, the H-2A program allows U.S. companies to legally employ foreign nationals on a temporary basis. It's been the fastest-growing program of its kind in recent years as growers have come to rely on it for a steady stream of labor on farms.

fact

EPI projected U.S. farmworker wages would fall by up to $3 billion a year, or up to 9%.

In an analysis of the Trump rule, the Economic Policy Institute, a progressive think tank, projected that the lower pay rates for H-2A workers would have a huge effect on U.S. farmworkers, reducing their annual wages by up to $3 billion a year, or up to 9% of their total wages.

attribution · Economic Policy Institute

EPI authors noted the administration removed a requirement that employers pay H-2A workers' entire housing costs.

Opinion

HuffPost said the cuts were a boon to growers.

But the foreign workers are not supposed to undercut U.S. workers, so the Labor Department sets minimum prevailing wage rates that employers must pay to keep a floor under local markets. Those are the rates the Trump administration moved to cut significantly last year in a boon to growers.

left · pluralist

HuffPost said Serrano portrayed the administration as happy to help growers hire cheaper workers.

Crisanto Serrano, a farmworker in Washington State and a plaintiff in the lawsuit, said in a statement through the union that growers are "happy to hire a new worker for less pay" — and that the Trump administration was happy to help.

left · pluralist

National Council of Agricultural Employers

Court Ruling Reignites Existential Threat to U.S. Farmers, Warns NCAE

NCAE

26 Aug 2026

Facts

The litigation is UFW v. DOL on the AEWR methodology interim final rule for H-2A non-range occupations.

Earlier today, the U.S. District Court in the Eastern District of California ruled against the Department of Labor (DOL) in the UFW v. DOL litigation on the Adverse Effect Wage Rate Methodology (AEWR) for the Temporary Employment of H–2A Nonimmigrants in Non-Range Occupations in the United States Interim Final Rule (IFR).

fact

The case is in the Eastern District of California.

Earlier today, the U.S. District Court in the Eastern District of California ruled against the Department of Labor (DOL) in the UFW v. DOL litigation on the Adverse Effect Wage Rate Methodology (AEWR) for the Temporary Employment of H–2A Nonimmigrants in Non-Range Occupations in the United States Interim Final Rule (IFR).

The federal court in Fresno, California found the IFR unlawful on multiple grounds and remanded the issue for the DOL to address.

fact

NCAE President John Hollay said the group is deeply disappointed by the ruling.

Hollay said NCAE remains eager to work with DOL on a clear, sustainable wage structure.

NCAE said DOL will notify employers within seven days that they might owe the difference from the notice date through the new rule's effective date.

The Department will send out a notice within the next 7 days to employers to put them on notice that the court might order them to pay the difference between the current AEWRs and the AEWRs under the new rule that DOL will issue, from the date of the notice through the effective date of the new rule.

fact

The court remanded the issue for DOL to address.

The court might order employers to pay the difference if new AEWRs are higher.

The Department will send out a notice within the next 7 days to employers to put them on notice that the court might order them to pay the difference between the current AEWRs and the AEWRs under the new rule that DOL will issue, from the date of the notice through the effective date of the new rule.

fact

Opinion

NCAE said the IFR prevented a crisis in rural America.

NCAE said the judge's ruling returns rural America to a crisis.

Hollay said farmers have been pushed toward a breaking point by artificially inflated wage mandates.

Hollay said the ruling underscores the need for Congress to pass the Securing Agriculture's Workforce Act of 2026.

Hollay said the fate of farming should not be determined at the whim of a single judge in California.

NCAE said Congress should provide a long-term solution and reiterated support for SAWA.

This highlights the need for a long-term solution to this issue that Congress can provide, and NCAE reiterates its support for the Securing Agriculture's Workforce Act and the crucial and lasting changes that it would make to end this cycle of crisis.

right · authoritarian

Newsweek

Biden-Appointed Judge Says Trump H-2A Wage Rule Could Hurt American Farmworkers

Dan Gooding

26 Aug 2026

Facts

The administration argued the overhaul was needed for farm labor shortages and grower costs amid immigration enforcement.

In a 28-page order issued Tuesday, U.S. District Judge Kirk Sherriff, a Biden appointee, held that the Department of Labor's 2025 overhaul of the H-2A wage system was unlawful. The administration had argued it was necessary to address labor shortages in agriculture and reduce costs for growers facing tougher immigration enforcement.

attribution · the administration

He cited concerns about disrupting the agricultural labor market.

While the judge stopped short of immediately vacating the rule, citing concerns about disrupting the agricultural labor market, the court ordered the Labor Department to quickly develop a new wage-setting methodology and warned that some employers could eventually face backpay liability if the replacement wage rates are higher.

fact

Newsweek said the 28-page order was issued Tuesday.

In a 28-page order issued Tuesday, U.S. District Judge Kirk Sherriff, a Biden appointee, held that the Department of Labor's 2025 overhaul of the H-2A wage system was unlawful. The administration had argued it was necessary to address labor shortages in agriculture and reduce costs for growers facing tougher immigration enforcement.

fact

DOL then issued an interim final rule that immediately changed how wages were calculated.

For decades, the government generally set those wage rates using USDA farm labor data and relied on statewide or regional averages. But after USDA discontinued its Farm Labor Survey in 2025, the Labor Department issued an interim final rule that immediately changed how wages were calculated.

fact

The AEWR is the minimum wage most employers must pay H-2A workers.

The case centered on the Adverse Effect Wage Rate, or AEWR, the minimum wage that most employers must pay foreign workers hired through the H-2A agricultural visa program. Federal law requires the Labor Department to ensure that hiring temporary foreign workers does not "adversely affect" the wages and working conditions of similarly employed U.S. workers.

fact

The rule introduced a two-tier wage structure.

The rule also introduced a new two-tier wage structure, shifted to a different government wage survey, created a new "housing adjustment" that effectively lowered required wages to account for employer-provided housing, and adopted new job-classification standards that critics said could reduce pay for workers performing higher-skilled duties.

fact

The judge found DOL failed to justify setting most H-2A wages well below historical market averages.

The judge found that the administration failed to adequately justify setting wage rates for the overwhelming majority of H-2A workers at levels well below historical market averages. Under the rule, roughly 92 percent of H-2A positions would fall into the lowest skill tier, with wages based on the 17th percentile of workers in that occupation rather than average earnings.

fact

Sherriff is a Biden appointee.

In a 28-page order issued Tuesday, U.S. District Judge Kirk Sherriff, a Biden appointee, held that the Department of Labor's 2025 overhaul of the H-2A wage system was unlawful. The administration had argued it was necessary to address labor shortages in agriculture and reduce costs for growers facing tougher immigration enforcement.

fact

About 92% of H-2A positions would fall in the lowest skill tier.

The judge found that the administration failed to adequately justify setting wage rates for the overwhelming majority of H-2A workers at levels well below historical market averages. Under the rule, roughly 92 percent of H-2A positions would fall into the lowest skill tier, with wages based on the 17th percentile of workers in that occupation rather than average earnings.

fact

USDA discontinued its Farm Labor Survey in 2025.

The rule created a housing adjustment that lowered required wages for employer-provided housing.

The rule also introduced a new two-tier wage structure, shifted to a different government wage survey, created a new "housing adjustment" that effectively lowered required wages to account for employer-provided housing, and adopted new job-classification standards that critics said could reduce pay for workers performing higher-skilled duties.

fact

Lowest-tier wages were based on the 17th percentile rather than average earnings.

The judge found that the administration failed to adequately justify setting wage rates for the overwhelming majority of H-2A workers at levels well below historical market averages. Under the rule, roughly 92 percent of H-2A positions would fall into the lowest skill tier, with wages based on the 17th percentile of workers in that occupation rather than average earnings.

fact

For decades DOL generally set those wages using USDA farm labor data and statewide or regional averages.

For decades, the government generally set those wage rates using USDA farm labor data and relied on statewide or regional averages. But after USDA discontinued its Farm Labor Survey in 2025, the Labor Department issued an interim final rule that immediately changed how wages were calculated.

fact

The rule shifted to a different government wage survey.

The rule also introduced a new two-tier wage structure, shifted to a different government wage survey, created a new "housing adjustment" that effectively lowered required wages to account for employer-provided housing, and adopted new job-classification standards that critics said could reduce pay for workers performing higher-skilled duties.

fact

Critics said new job-classification standards could reduce pay for higher-skilled duties.

The rule also introduced a new two-tier wage structure, shifted to a different government wage survey, created a new "housing adjustment" that effectively lowered required wages to account for employer-provided housing, and adopted new job-classification standards that critics said could reduce pay for workers performing higher-skilled duties.

The court also found flaws in the administration's use of a new wage survey and in a job-classification system that critics argued could allow employers to assign workers to lower-paying wage categories even when they perform some higher-paid duties.

attribution · critics

DOL acknowledged the changes would generally reduce H-2A wages and transfer wages to employers.

The court found the housing adjustment could make H-2A workers cheaper to hire than some domestic workers.

The court was especially critical of the housing adjustment, finding it could make H-2A workers cheaper to hire than some domestic workers.

Because employers are already required by law to provide housing for H-2A workers and certain U.S. farmworkers, the judge concluded that reducing wages to account for housing costs could create incentives for employers to favor foreign workers over some American workers.

fact

Employers are already required to provide housing for H-2A workers and certain U.S. farmworkers.

Because employers are already required by law to provide housing for H-2A workers and certain U.S. farmworkers, the judge concluded that reducing wages to account for housing costs could create incentives for employers to favor foreign workers over some American workers.

fact

Newsweek emailed DOL for comment Wednesday afternoon.

The administration argued many farms depended on unauthorized labor and lower H-2A wages would ease a shift to legal workers.

The wage rule emerged as the Trump administration sought to pair aggressive immigration enforcement with an expansion of legal labor pathways for industries that rely heavily on immigrant workers. The administration argued that many farms had become dependent on unauthorized labor and that lower H-2A wage requirements would make it easier for growers to transition to a legal workforce.

attribution · the administration

In the rule, DOL argued enforcement could create labor shortages, raise costs, and threaten agricultural production.

In the rule itself, the Labor Department pointed to the administration's immigration enforcement efforts and argued that the expected departure of many unauthorized workers could create labor shortages, increase labor costs and threaten agricultural production. Officials said reforms to the H-2A wage system were needed to make the program a more practical alternative to employing undocumented workers.

attribution · Department of Labor

The judge questioned whether lower wages were necessary for that transition.

The judge, however, questioned whether the government had demonstrated that lower wages were necessary to accomplish that transition. The ruling noted that the H-2A program has no numerical cap and observed that participation in the program had grown dramatically over the past decade.

"The IFR fails to show why hiring more H-2A workers at then-current AEWRs was not feasible," the judge wrote.

fact

The ruling noted H-2A has no numerical cap and participation has grown dramatically over the past decade.

The judge, however, questioned whether the government had demonstrated that lower wages were necessary to accomplish that transition. The ruling noted that the H-2A program has no numerical cap and observed that participation in the program had grown dramatically over the past decade.

fact

The court cited federal data showing strong farm-sector income in 2025.

Officials said H-2A wage reforms were needed to make the program a practical alternative to undocumented workers.

In the rule itself, the Labor Department pointed to the administration's immigration enforcement efforts and argued that the expected departure of many unauthorized workers could create labor shortages, increase labor costs and threaten agricultural production. Officials said reforms to the H-2A wage system were needed to make the program a more practical alternative to employing undocumented workers.

attribution · Officials

The judge retained jurisdiction and ordered an update within two weeks.

Whether workers receive back pay will be decided after DOL releases a new wage schedule.

Opinion

Newsweek said the ruling returned to whether lower H-2A wages would undermine American farmworker wages.

Newsweek said the wage rule emerged as the administration paired immigration enforcement with expanded legal labor pathways.

The wage rule emerged as the Trump administration sought to pair aggressive immigration enforcement with an expansion of legal labor pathways for industries that rely heavily on immigrant workers. The administration argued that many farms had become dependent on unauthorized labor and that lower H-2A wage requirements would make it easier for growers to transition to a legal workforce.

center · pluralist

UFW Foundation

U.S. Federal Court rules Trump Administration's bid to cut farm worker wages is illegal

UFW Foundation

26 Aug 2026

Facts

Amicus briefs came from five former Labor secretaries, 13 state AGs, and Senators Padilla and Schiff and Rep. Lofgren.

This decision is the culmination of a federal lawsuit filed last year against the DOL rule by 18 individual farm workers, the United Farm Workers and UFW Foundation. Supporting amici briefs were filed by five former Secretaries of Labor, 13 state attorneys general, and Senators Alex Padilla and Adam Schiff and Representative Zoe Lofgren.

fact

Opinion

Corcoran called the wage cuts callous and said the ruling ends a transfer of wealth to agricultural corporations.

"The UFW Foundation welcomes the federal court's decision ruling that these callous wage cuts are illegal, ending the transfer of wealth from workers to agricultural corporations, and notifying employers of possible backpay," said Erica Lomeli Corcoran, chief executive officer of the UFW Foundation. "This decision is a much-needed victory for farm workers all over the country. Farm workers deserve to be paid a fair day's wage for a fair day's work. Now that the court has spoken, the Trump administration should do the right thing and work to protect farm worker wages. This includes releasing a new DOL rule, no longer cutting U.S. farm workers' wages and letting them provide for their families just as they provide for this nation."

attribution · Erica Lomeli Corcoran

Romero said UFW will always fight for the wages farm workers deserve.

"This decision recognizes the important and essential work of the men and women who put food on our tables and that farm workers should get paid fairly," said Teresa Romero, President of the United Farm Workers. "The government must move quickly to issue new, legal, wage rates that protect the jobs and wages of local farm workers, and employers must be held accountable for paying back any difference between the new legal wage and the illegal wage rates still in effect. While this decision is a heartening step, we know attacks on farm worker wages will continue. The United Farm Workers will always be there to fight for the wages farm workers deserve."

attribution · Teresa Romero

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