U.S. District Judge Danny Reeves issued an injunction against the U.S. Department of Labor setting aside rules applicable to holders of H-2A visas in Kentucky, Ohio, West Virginia and Alabama.

The proposed rule comprised a modification and extension of the National Labor Relations Act that could potentially have allowed foreign workers under the H-2A program to unionize. Apart from creating an opportunity for collective bargaining rights, the Rule would have protected workers against exploitation, retaliation and unsafe working conditions. The ruling by Judge Reeves conforms to decisions in other federal jurisdictions covering 17 other states.  The injunction was based on the legal requirement for Congress to approve the changes.

In 2022, 370,000 workers were admitted to the U.S. under the H-2A visa program with the majority from Mexico.  It is recognized that foreign workers are required in agriculture given the disinclination of U.S. citizens, many receiving financial aid to undertake manual labor in fields, dairies, processing and packing plants.  Extending the H-2A program would regularize recruitment and employment of foreign workers and reduce the level of illegal entry to the Nation.

It is generally agreed that the H-2A visa system requires an overhaul together with a comprehensive upgrade of immigration legislation.