Category: Press Release

NCAE Urges USDA to Issue Report and Referral on Potential Misuse of Government Grant Monies

| Press Release, Uncategorized

July 8, 2025

For Immediate Release

Contact:          Michael Marsh, President and CEO

                        (202) 629-9320

 

NCAE Urges USDA to Issue Report and Referral on Potential Misuse of Government Grant Monies

 (Arlington, VA) The National Council of Agricultural Employers (NCAE) is urging the U.S. Department of Agriculture (USDA) to issue a report – and, if appropriate, a criminal referral – regarding allegations from farmworkers that they were targeted and coerced by union activists to sign union authorization cards to receive federal grant payments related to the COVID-19 pandemic.

“Entrusting anti-farmer activists to disburse federal grant funds was a shortsighted mistake made by the previous Administration,” noted Michael Marsh, President and CEO of NCAE.  “What could possibly go wrong with a plan like that? We trust that Secretary Rollins will move quickly to close the book on this matter if the evidence the IG’s investigation uncovers reflects the veracity of the farmworkers’ claims.”

In 2023, and again in 2024, NCAE contacted the USDA Office of Inspector General (OIG) regarding allegations made by farmworkers that organizers with the United Farm Workers (UFW) were coercing or tricking farmworkers into signing “card check” unionization cards as a condition of receiving grant funds under the Farm and Food Workers Relief (FFWR) grant program.  Signing a union card was not a prerequisite for farmworkers receiving the grant.

Last year, NCAE filed a Freedom of Information Act (FOIA) request that asked USDA to produce information regarding their relationship with UFW Foundation and their “contact persons,” the UFW team. In a letter sent earlier today, NCAE explained that OIG has been investigating these allegations since at least July 23, 2024. At this time, no report has been issued, and no criminal referral has been made to the Department of Justice.

Apparently, the grant recipient, United Farm Workers’ Foundation (UFWF) had selected UFW to assist in disbursement of grants to workers.  UFWF reportedly received $95 million to disburse, but the Freedom of Information Act (FOIA) request filed by NCAE with the USDA failed to provide any agreements or financial reporting provided by UFWF to the USDA regarding the disbursements made, balances retained, unused funds returned to USDA as undisbursed monies, nor payments made by UFWF to organizations such as UFW. 

In Spring and Summer of 2024, several media outlets reported farmworkers’ claims in California like those received and reported to USDA by NCAE in 2023 that had occurred in New York.

“We are grateful for the responsiveness and compliance from the Agricultural Marketing Service regarding this inquiry,” noted Marsh. “The documents provided thus far by the Agricultural Marketing Service suggest that America’s agricultural community’s concerns, shared by both farmworkers and employers, were frustratingly not shared by the previous Administration. It appears that the dearth of accountability under the previous Administration created a perfect storm under which nefarious behavior might occur.”

“The agricultural community has greatly appreciated Secretary Rollins’ advocacy on their behalf regarding agricultural labor. Likewise, we know that under Secretary Rollins’ leadership, that lack of accountability will not stand.”

NCAE is the national trade association focusing on agricultural labor issues from the employer’s viewpoint.

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NCAE Celebrates Suspension of Worker Protection Rule

| Press Release, Uncategorized

June 22, 2025

For Immediate Release

Contact:       Michael Marsh, President and CEO

                        (202) 629-9320

NCAE Celebrates Suspension of Worker Protection Rule

(Arlington, VA) The National Council of Agricultural Employers (NCAE), its members, and the agricultural community nationwide are celebrating the suspension of a rule that falsely cast shade on America’s agricultural community.

Late Friday afternoon, the Department of Labor (DOL) announced that they are suspending the “Improving Protections for Workers in Temporary Agriculture Employment in the United States” Rule, commonly known as the Worker Protection Rule. The announcement of the suspension comes after various parts of the Rule were enjoined in multiple District Courts because of legal action brought by NCAE and other agricultural organizations throughout the United States.

“NCAE and our members were shocked and offended by the promulgation of the Worker Protection Rule,” explained Michael Marsh, NCAE’s President and CEO. “America’s farm and ranch families care about their workers and work each day to ensure that their business operations are in compliance with local, state and federal regulations at significant expense.”

“From the outset, it was clear that the pejorative nature and tenor of the Rule was intended to feed and foster false and inappropriate narratives about America’s agricultural community. America’s farmers and ranchers are excited and relieved that this Administration put this Rule out to pasture.”

“NCAE met with the Department just after this proposed regulation was published to warn them that the Rule was fatally flawed. In that meeting, the Council explained that the NPRM was an inartful and undisguised attempt to circumvent the Supreme Court’s decision in Cedar Point Nursery v. Hassid (2021). It was also violative of the will of Congress under the National Labor Relations Act of 1935. NCAE told the Department it is not the role of regulators to legislate. That role belongs solely to Congress under Article I of the Constitution.”

“The Department frustratingly did not heed the advice of the agricultural community and promulgated the Rule in 2024. However, America’s farmers and ranchers do not back down from a fight when the cause is just and the battle is necessary,” said Marsh.

As a result of their poor judgement in promulgating a rule that was both inappropriate in nature and offensive to the agricultural community, the Department was met with legal action brought by NCAE alongside legal actions brought by our agricultural colleagues once the Rule was finalized. Those legal actions resulted in three injunctions against the regulation in different jurisdictions. The Courts agreed with America’s farm and ranch families.

“Finally, after three different Courts blocked the rule three different times, it appears the Department finally agrees with NCAE and our colleagues,” explained Marsh. “We are glad we could convince them that America’s farm and ranch families are deserving of support, not false shade. This is a big win for America’s agricultural employers and the people working alongside them who are critical to our nation’s food security.”

NCAE is the national trade association focusing on agricultural labor issues from the employer’s viewpoint.

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Judge Sets Hearing Date For Challenge to Adverse Effect Wage Rate

| Press Release, Uncategorized

June 2 2025

For Immediate Release

Contact:       Michael Marsh, President and CEO

                        (202) 629-9320

Judge Sets Hearing Date For Challenge to Adverse Effect Wage Rate

(Arlington, VA) A Federal U.S. District judge in the Middle District of Florida has decided that the next step in a yearslong battle for farmers’ and ranchers’ rights to make their own business decisions can take place. After months of delay and dragging-on, U.S. District Court Judge Charlene Honeywell set a date for oral arguments in the National Council of Agricultural Employers’ (NCAE) Motion for Summary Judgment challenging the legality of the Department of Labor’s (DOL) Adverse Effect Wage Rate (AEWR).

After receiving a third request from the Department of Justice (DOJ) for the court to issue a 90-day stay in the Council’s litigation, Judge Honeywell denied the stay. The Court noted that the “latest motion fails to demonstrate that an additional stay is appropriate at this time, particularly in light of plaintiffs’ allegations of ongoing harm.” NCAE’s challenge of this unlawful rule began in April 2023 following the Biden Administration’s promulgation of the AEWR Final Rule in February 2023.

“We are grateful to the court for disallowing unending delay tactics,” stated Michael Marsh, NCAE’s President and CEO. “America’s agricultural community is being forced to foot-the-bill of this illegal wage rate with each passing pay period. America’s farmers and ranchers need relief and need it now.”

Oral arguments on NCAE’s Motion for Summary Judgment on the AEWR rule are now scheduled to take place on Tuesday, July 1, 2025, in Federal District Court in Tampa.

“The overzealous Biden Administration’s DOL forced America’s farm and ranch families to pay this unlawful wage for years, costing them billions as our food production moves offshore at an alarming rate,” stated Marsh. “If the grocery-buying public wishes to find American-grown food on their grocery shelves, this regulation must be stopped. The deference the Court afforded the DOL in finding the regulation could not be enjoined, was overruled by the Supreme Court last term. We are hopeful that the new Administration will see the common-sense arguments made by the Council and our colleagues and undo this illegal wage-setting policy promulgated by Washington bureaucrats.”
NCAE is the national trade association focusing on agricultural labor issues from the employer’s viewpoint.

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NCAE Advocates to Cut Red Tape Crippling America’s Agricultural Community

| Press Release, Uncategorized

May 23, 2025

For Immediate Release

Contact:       Michael Marsh, President and CEO

                        (202) 629-9320

NCAE Advocates to Cut Red Tape Crippling America’s Agricultural Community

(Arlington, VA) The Department of Justice’s (DOJ) Antitrust Division’s Anticompetitive Regulations Task Force is seeking suggestions to unearth and unwind anticompetitive regulations. The National Council of Agricultural Employers (NCAE) answered that call, submitting comments on seven regulatory roadblocks which are impeding America’s farming and ranching communities’ ability to achieve and sustain the American dream.

“Over the past four years, America’s farm and ranch families have found themselves drowning in a turbulent regulatory sea,” wrote Michael Marsh, NCAE’s President and CEO. “Many of these were promulgated by federal regulators who were seduced by special interest groups which aim to weaken American families, businesses and the American economy.”

“As a result,” Marsh explained, “America’s family farms and ranches—the backbone of rural America—are vanishing at an increasing rate. Likewise, finding American-grown food on grocery store shelves is becoming increasingly difficult”

In the Task Force’s statement soliciting stakeholder comments, the Task Force explained that consistent with President Trump’s Executive Order 14192 and 14219 and longstanding Department practice, “the Antitrust Division will support federal agencies’ deregulatory initiatives by sharing its market expertise on regulations that pose the greatest barriers to economic growth.” The Task Force explains that the phenomenon known as “regulatory capture” occurs when agencies are “captured” by special interest groups and promulgate regulations that harm private enterprise, small business, and American entrepreneurship. The Task Force explained that “when regulations serve the few and impose undue burdens on small businesses, private enterprise, and entrepreneurs, they also harm competition and ultimately hurt American consumers, workers, and businesses.”

“Over the past four years,” noted Marsh, “the disdainful tenor used throughout the promulgation of many of these regulations make it clear that their promulgation is a direct result of the regulatory capture as described in the Task Force’s statement.”

In response to the solicitation for feedback, NCAE advocated for the DOJ Task Force to examine, investigate and advocate for rescission or withdrawal seven overburdensome, arbitrary, capricious and economically unsound regulations that target and harm America’s agricultural community. Those regulations include the Department of Labor’s (DOL) Adverse Effect Wage Rate (AEWR), the DOL Worker Protection Rule, the DOL H-2A Program Rule, the Department of Homeland Security (DHS) Asylum Fee Rule, the DHS Worker Protection Rule, the Occupational Safety and Health Administration (OSHA) Walkaround Rule and the OSHA Heat Rule.

“Rather than resulting in any benefit to American farmers and ranchers, American workers, or American taxpayers, the point of the regulations seems merely to create more paperwork for employers to file and federal employees to push from desk to desk, while simultaneously increasing compliance costs, reducing efficiency, and crippling America’s competitiveness in the marketplace.

“For American agriculture to remain competitive at home and in foreign markets,” wrote NCAE, “this cannot continue.”

NCAE is the national trade association focusing on agricultural labor issues from the employer’s viewpoint.

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NCAE Urges USDA to Investigate Undisbursed Funds to Farmers

| Press Release, Uncategorized

March 27, 2025

For Immediate Release

Contact:       Michael Marsh, President and CEO

                        (202) 629-9320

NCAE Urges USDA to Investigate Undisbursed Funds to Farmers

(Arlington, VA)

In a letter addressed to U.S. Department of Agriculture Secretary Brooke Rollins, the National Council of Agricultural Employers (NCAE) urges Secretary Rollins to investigate an unexplained halt in disbursement of federal grant funds previously allocated and awarded to farmers to help address critical labor shortages and reduce irregular migration.  

Last year, USDA’s Farm Labor Stabilization and Protection Pilot Grant Program (FLSP) awarded $50 million in federal grant funding to 141 awardees in 40 states and Puerto Rico, reaching 177 agricultural operations throughout the U.S. On its website, USDA describes the FLSP as a way to help address labor shortages, mitigate costs associated with the H-2A temporary seasonal visa program, and reduce irregular migration from Northern Central American countries.

In the letter, NCAE shares that FLSP participants report they stopped receiving reimbursements in January or failed to receive any reimbursement. NCAE explains that recipients report being “out-of-pocket for hundreds of thousands of dollars,” adding that some are reportedly borrowing money and on the edge of bankruptcy. NCAE also relayed that, despite repeated attempts, participants report they have not received clarity from USDA on the status of the FLSP funding, and when or whether they will be reimbursed for incurred or future expenses.

“America’s farmers and ranchers who engaged in the FLSP program did so in good faith and with the understanding that USDA would uphold their end of the commitment,” stated Michael Marsh, NCAE’s President and CEO. “Particularly at a time when margins on America’s family farms and ranches are increasingly thin, we are deeply troubled by reports that farmers and ranchers have not received reimbursements for the significant costs incurred as part of their participation in USDA’s Program.”

“While we know,” added Marsh, “it is not USDA’s intent to further strain America’s agricultural community which is already burdened by of several years of regulatory overreach, rising labor and input costs, and unfair foreign competition, USDA’s lack of communication about the status of the FLSP funds is doing just that.”

“We hope that Secretary Rollins and her team will investigate this thoroughly and communicate with recipients promptly so they can get back to doing the work they do best—growing food, fiber and fuel to feed, clothe and power the world.”

NCAE is the national trade association focusing on agricultural labor issues from the employer’s viewpoint.

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NCAE Seeks Ag Expert to Lead Organization

| Press Release, Uncategorized

March 17, 2025

For Immediate Release

Contact:         Joel Anderson, Executive Committee Chairman (303) 690-6680

                         Ryan Ayres, Vice Chairman and Selection Committee Chair (509) 391-0244

NCAE Seeks Ag Expert to Lead Organization

(Arlington, VA) The National Council of Agricultural Employers (NCAE) is searching for an ag labor leader to fill an upcoming vacancy in the Council’s President and CEO position.

Michael Marsh, NCAE’s President and CEO, Michael Marsh, announced his intent to retire at the end of 2025 during the organization’s 11th Annual Ag Employer Labor Forum last December. Marsh joined the organization in 2017 and has served as a fierce advocate on behalf of America’s farm and ranch families.

“Michael’s outstanding leadership has been integral to the success and growth of the Council,” noted Joel Anderson, Chair of NCAE’s Executive Committee. “The Council is grateful for Michael’s commitment to America’s farming and ranching communities and his tireless efforts on behalf of Agriculture. The Selection Committee has a daunting task finding a new visionary to follow in his footsteps.”

“As America’s farm and ranch community moves through an ever more challenging economic environment,” added Ryan Ayres, Vice Chairman of NCAE’s Executive Committee and Selection Committee Chair, “we are searching nationwide for someone passionate about farm and ranch families and assisting them to be sustainable. Under Michael’s leadership, the Council has enjoyed tremendous growth in membership and achieved significant gains in influencing Congress and the regulatory agencies on issues involving in agricultural labor. NCAE is looking for someone with vision, passion and enthusiasm for America’s agricultural community to continue that trajectory with the same constant commitment to ethics and integrity.” 

The Council has opened the application period and will continue to seek applications from agricultural leaders through March 31, 2025. Interested applicants can learn more about the position and apply on the Americans Society of Association Executives Job Center here.

NCAE is the national trade association focusing on agricultural labor issues from the employer’s viewpoint.

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NCAE Announces Agenda Additions for 61st Annual Meeting

| Press Release, Uncategorized

January 9, 2025

For Immediate Release

Contact:            Michael Marsh, President and CEO

                             (202) 629-9320

(Arlington, VA) The National Council of Agricultural Employers (NCAE) announced an addition to the agenda at the Council’s upcoming 61st Annual Meeting. The 61st Annual Meeting will take place February 11 – 13, 2025, at the Grand Hyatt in Washington, D.C. Registration is open to NCAE members and members of the larger agricultural community.

“We are excited to announce a special panel focused on the Adverse Effect Wage Rate (AEWR),” stated Michael Marsh, NCAE’s President and CEO, “which will include perspectives from growers, expert agricultural economists, and the legal community. Attendees will have an opportunity to unwind the problems with the AEWR and help shape what a better mechanism might look like that helps the Nation’s farm and ranch families succeed instead of shutter.”

Members of NCAE’s 61st Annual Meeting will also have the unique opportunity to interact directly with Members of Congress throughout the Annual Meeting. NCAE will host several Members as keynote speakers at the Annual Meeting. Additionally, on Day Two of the event, attendees will have the opportunity to march on Capitol Hill to advocate for much needed changes and improvements to agricultural labor and the H-2A program and for the needs of America’s farm and ranch families.

“With a new Administration and new Congress taking charge in 2025,” noted Marsh, “it is more important than ever before that America’s farmers and ranchers assemble and advocate for much-needed changes to strengthen America’s agricultural community on Capitol Hill.” NCAE will prepare attendees with talking points focused on changes needed by farm and ranch families prior to heading to Capitol Hill.

Other Annual Meeting highlights include an in-depth and interactive review of the National Ag Workers Survey, engaging “H-2A Day” speakers featuring representatives from the federal agencies involved in regulating the H-2A program, the announcement of winners of NCAE’s “Doing Good” and “Best Farmworker Housing” awards, the Council’s Annual Business Meeting and a networking wine reception featuring wonderful wines generously donated by NCAE member Mercer Ranches along with delicious hors d’oeuvres.

“Sponsorship opportunities are available for this event that reaches attendees nationwide,” said Marsh. Partners looking for a way to make their mark on the ag labor community are strongly encouraged to participate in NCAE’s exciting sponsorship and exhibitor program at the Annual Meeting.  Space for exhibitors is limited. Interested partners can indicate their interest in reserving a booth space on the Annual Meeting registration form online or by contacting NCAE.

Details about the Annual Meeting, the room block, sponsorship opportunities and the Annual Meeting Competitions can be found at https://www.ncaeonline.org/events/ncae-annual-meeting/.

NCAE is the national trade association focusing on agricultural labor issues from the employer’s viewpoint.

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U.S. District Court Grants Injunction for NCAE Lawsuit to Protect Farm and Ranch Families from Unlawful and Unconstitutional Rule

| Press Release, Uncategorized

November 25, 2024

For Immediate Release

Contact:  Michael Marsh, President and CEO

                (202) 629-9320

(Arlington, VA) The U.S. District Court for the Eastern District of Kentucky has granted a partial injunction for a lawsuit filed by the National Council of Agricultural Employers (NCAE), alongside several agricultural associations and individual farmers, to thwart the Department of Labor’s (Department) unlawful and unconstitutional Final Rule entitled, “Improving Protections for Workers in Temporary Agricultural Employment in the United States” (Rule).

“This Thanksgiving week, America’s farm and ranch families are grateful that the Court in Kentucky understood the damaging effects this Rule would have on their farms and ranches, as well as on those members of the public who like to eat,” stated Michael Marsh, NCAE President and CEO. “This Rule unequivocally and unlawfully violates the rights of America’s farmers and ranchers by stripping employers of the due process rights afforded to them by the Constitution. The Department’s promulgation and enforcement of the Rule thus far has only made it more difficult for America’s family farmers and ranchers to do what they do best—grow food and fiber to feed and clothe the world. We celebrate the Court’s acknowledgement that this cannot stand.”

In the opinion, Judge Reeves noted that the Department used a “blatant arrogation of authority” in their promulgation of the Rule. Enjoined provisions of this rule include:

  1. all collective-bargaining type rights including worker voice and empowerment provisions,
  2. mandatory piece-rate pay,
  3. seatbelt requirements,
  4. personal information requirements, and
  5. public access to employer property.

This injunction is the latest update on the nationwide status of the Rule. On August 29th, the U.S. District Court for the Southern District of Georgia issued a preliminary injunction in the case of Kansas, et al. vs. U.S. Department of Labor which enjoined the Rule from taking effect in Georgia, Kansas, South Carolina, Arkansas, Florida, Idaho, Indiana, Iowa, Louisiana, Missouri, Montana, Nebraska, North Dakota, Oklahoma, Tennessee, Texas, Virginia, as well as for certain individuals and entities, leaving farmers and ranchers with operations in the two-thirds of states not covered by the injunction vulnerable to substantive provisions of the rule. This injunction extends relief to the plaintiffs of the case, including members of the plaintiff association, in all states except Alaska.   

“We are hopeful,” noted Marsh, “that the Department will take heed of this latest admonishment and send this Rule to the compost pile in which it belonged all along.  This rule should never have seen the light of day.”

NCAE is the national trade association focusing on agricultural labor issues from the employer’s viewpoint.

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NCAE Releases Blockbuster Agenda for Ag Employer Labor Forum

| Press Release, Uncategorized

(Arlington, VA) The National Council of Agricultural Employers (NCAE) released a blockbuster agenda for the highly anticipated 11th Ag Employer Labor Forum taking place on December 4-6, 2024, at the beautiful M Resort just outside Las Vegas, Nevada. NCAE’s Labor Forum is the premier event for ag employers nationwide, where attendees convene to learn, develop, and advance a shared vision for a resilient and successful U.S. food system that will allow America’s farm and ranch families to do what they do best—grow food and fiber to feed and clothe America and the world.

“Attendees at this year’s Labor Forum will have the opportunity to learn from industry experts   and help shape the future of ag labor in the United States,” explained Michael Marsh, NCAE’s President and CEO. “Our stimulating and provocative speakers will discuss timely topics for employers and those involved in ag labor.”

This year’s Forum features a compelling range of topics on cutting-edge ag labor issues that focus on the future of ag labor. Tech-savvy topics include the use robotics in farming settings as well as the challenges and opportunities that artificial intelligence (AI) present for the agricultural industry. Attendees will peer into the crystal ball alongside ag economists to learn their forecast for the future of farming. Top industry experts will likewise provide their predictions for farmers facing a new Congress and Presidential Administration.

Also featured this year are concurrent sessions highlighting hot legal topics impacting ag employers, tips to navigate the administration’s activist regulatory landmines, key compliance considerations for Farm Labor Contractors, how to responsibly and ethically recruit high quality employees in a cost-effective manner, and much more.

Attendees of these stimulating sessions, along with many others throughout the Forum, are eligible to receive continuing education credit from the Society for Human Resource Management (SHRM).

“With all the ongoing activity in the agricultural labor space,” noted Marsh, “this year’s Forum is a must-attend event.”

Sponsorship Opportunities:

In addition to registration, NCAE is excited to offer a variety of sponsorship opportunities for organizations looking to support agricultural employers, gain exposure in the agricultural labor space, and connect with the hundreds of in-person employers, agents, attorneys and others at who will attend this year’s Forum.

“We are thrilled by our sponsors’ excitement about this year’s Forum,” noted Marsh. “Last year, NCAE received record interest in our trade show, resulting in a completely sold-out exhibition space. This year, we have expanded the trade show to accommodate new organizations looking to support ag employers. Only a handful of booths remain available for interested parties. Do not delay if you wish to be a part of this incredible event which reaches hundreds of attendees and organizational decision-makers.”

Interested parties are encouraged to contact Susan Lester, NCAE Manager of Association Services, for sponsorship details.

Room Block:

NCAE’s discounted room block at the M Resort will close on November 18, 2024, or once the room block is full. To secure your spot at the Forum and take advantage of discounted room rates at the M Resort, visit NCAE’s Labor Forum registration page today.

About NCAE:

NCAE is the national trade association focusing on agricultural labor issues from the employer’s viewpoint.

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U.S. District Court Sets Hearing for NCAE Lawsuit to Protect Farm and Ranch Families from Unlawful and Unconstitutional Rule

| H-2A Visa Program Press Release, Press Release, Uncategorized

October 18, 2024

For Immediate Release

Contact:  Michael Marsh, President and CEO

                (202) 629-9320

(Arlington, VA) The U.S. District Court for the Eastern District of Kentucky has set a hearing for a lawsuit filed by the National Council of Agricultural Employers (NCAE), alongside several agricultural associations and individual farmers, to decide the fate of the Department of Labor’s (Department) unlawful and unconstitutional Final Rule entitled, “Improving Protections for Workers in Temporary Agricultural Employment in the United States” (Rule). After receiving NCAE’s Motion for Preliminary Injunction and Stay last night, the Court issued an Order setting the hearing for November 4, 2024, at 9:00 AM ET.

“America’s farm and ranch families are grateful that the Court in Kentucky wasted no time in treating this matter seriously,” stated Michael Marsh, NCAE President and CEO. “This Rule unequivocally and unlawfully violates the rights of America’s farmers and ranchers by stripping employers of the due process rights afforded to them by the Constitution, imposing new illogical duties on farmers that infantilize and jeopardize the safety of their farmworkers, and providing America’s foreign competition a financial advantage by artificially inflating the regulatory costs to the detriment of America’s producers as well as consumers.”

This hearing is the latest update on the nationwide status of the Rule. On August 29th, the U.S. District Court for the Southern District of Georgia issued a preliminary injunction in the case of Kansas, et al. vs. U.S. Department of Labor which enjoined the Rule from taking effect in Georgia, Kansas, South Carolina, Arkansas, Florida, Idaho, Indiana, Iowa, Louisiana, Missouri, Montana, Nebraska, North Dakota, Oklahoma, Tennessee, Texas, Virginia, as well as for certain individuals and entities, leaving farmers and ranchers with operations in the two-thirds of states not covered by the injunction vulnerable to substantive provisions of the rule.

In the injunction, the Georgia Court explained that “[a]gencies may play the sorcerer’s apprentice but not the sorcerer himself. The [Rule] is an attempt by the [Department] to play the sorcerer. The [Department] may assist Congress but may not become Congress.”

The Department issued a statement on their website on September 10th that they would begin processing applications from employers not covered by the injunction in accordance with the Final Rule on September 12th. They further stated they would process applications for employers covered by the injunction in accordance with the regulations that were in effect prior, thereby creating a new multiple-application process.

On September 16th, NCAE filed a lawsuit in the Eastern District of Kentucky in hopes of expanding the injunction to protect America’s farm and ranch families nationwide from this pernicious rule.

“NCAE is hopeful the Court in Kentucky will dispense with this rule once and for all so that farmers and ranchers nationwide can get back to what they do best—ensuring that Americans and those around the world have food to enjoy on their tables.”

NCAE is the national trade association focusing on agricultural labor issues from the employer’s viewpoint.

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