Attorney General Ken Paxton Sues Biden Department of Labor to Prevent Attempt to Grant Foreign Laborers More Rights than American Workers

AUSTIN, TX -- Texas Attorney General Ken Paxton and a coalition of state attorneys general have sued the Biden Administration’s Department of Labor (“DOL”) over a new regulation that aims to override longstanding federal law and give foreign nationals working in American agriculture more rights than American citizens.

In April 2024, DOL issued a new rule that would specifically allow foreign nationals working in America under the H-2A visa program within the agricultural industry the ability to unionize and engage in collective bargaining. This rule directly violates federal law including the National Labor Relations Act of 1935 which allowed workers in certain industries to engage in trade unions and collective bargaining but exempted the agricultural industry. Congress has maintained that distinction for nearly ninety years. The Biden Administration is now attempting to use the agency rulemaking process to grant rights to foreign nationals not offered to American citizens by privileging aliens in the country on the H-2A guestworker visa program with special treatment.

The DOL rule represents arbitrary and capricious agency action that exceeds the authority granted to it by Congress. Attorney General Paxton has joined with Kansas and other states to oppose the unlawful DOL rule and requests injunctive relief to prevent the rule from taking effect.

“Joe Biden is using his bureaucratic machinery to favor immigrants who are in the country on temporary visas by unilaterally granting them rights that are not enjoyed by American citizens working in the same industry,” said Attorney General Paxton. “By favoring foreign labor over American workers, Biden is not only breaking the law but turning his back on his own citizens.”

To read the filing, click here.