ATTORNEY GENERAL RAOUL OPPOSES EFFORT TO ROLL BACK PROTECTIONS FOR FOREIGN TEMPORARY AGRICULTURAL WORKERS

ATTORNEY GENERAL RAOUL OPPOSES EFFORT TO ROLL BACK PROTECTIONS FOR FOREIGN TEMPORARY AGRICULTURAL WORKERS

September 02, 2025

Proposed Rule Would Narrow, Eliminate Protections Against Exploitation, Unsafe Housing and Working Conditions

Chicago - Attorney General Kwame Raoul today, as part of a coalition of 18 attorneys general, submitted a comment letter to U.S. Department of Labor (DOL) Secretary Lori Chavez-DeRemer opposing the Trump administration's effort to roll back protections for foreign temporary agricultural workers.

"Agricultural workers in the H-2A program ensure America's farms and orchards have the necessary labor to provide food for Americans and the rest of the world," Raoul said. "I urge the Department of Labor to rethink this short-sighted decision that would endanger the safety of these vital workers and negatively impact the U.S. agricultural market as well as U.S. workers."

In their letter, Raoul and the coalition express their opposition to a new proposed DOL rule that would largely rescind a 2024 final rule that strengthened protections for workers with H-2A visas, who are foreign nationals temporarily in the U.S. as agricultural workers. The protections in the 2024 final rule, which are also intended to protect the wages and terms of employment for U.S.-based workers, were necessary because the rapid growth of the H-2A program resulted in exploitation of foreign temporary agricultural workers, unsafe housing and working conditions, and a prevalence of human and labor trafficking throughout the H-2A program.

The workers affected by the final rule are not immigrants to the U.S. but are citizens of other countries who apply to work temporarily in the U.S. agriculture market. U.S. employers also apply to the program and hire these workers for limited periods, who then return to their home countries after their work is complete.

With the new proposed rule, the Trump Administration is seeking to narrow or eliminate protections for these workers in the 2024 final rule by, among other things:

• Rescinding the requirement that employers offer, advertise and pay prevailing piece-rate wages.
• Eliminating requirements that employers keep records that could aid law enforcement in investigating human trafficking.
• Rescinding provisions that ensure workers are allowed to have guests visit employer-furnished housing.
• Prohibiting employers from retaliating against workers for filing a complaint related to the program.
• Prohibiting employers from retaliating against workers who consult with attorneys, legal assistance programs or key service providers regarding the H-2A program as well as limiting who constitutes a key service provider.
• Rescinding worker voice and empowerment provisions.
• Removing the termination for cause and progressive discipline definitions in the 2024 final rule.

In their comment letter, Raoul and the coalition argue the proposed rule is arbitrary and capricious, makes regulations less clear in ways that will ultimately hinder enforcement of the rule, and in many instances, fails to offer any reasonable rationale for eliminating certain protections. They further state that the proposed rule fails to fully analyze how the revisions will harm U.S. workers, including by lowering the wages of U.S. agricultural workers or using arbitrary standards to push out U.S. agricultural workers in favor of H-2A workers, whom they can pay less.

Joining Attorney General Raoul in submitting the comment letter are the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Maine, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, New York, Oregon, Rhode Island and Washington.