Tag: Trump

NCAE Welcomes Administration Action Expanding H-2A Access for Dairy Farmers, Calls on Congress to Follow President Trump’s Lead

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NCAE Welcomes Administration Action Expanding H-2A Access for Dairy Farmers, Calls on Congress to Follow President Trump’s Lead

The National Council of Agricultural Employers (NCAE) celebrated President Trump’s administrative action clarifying that the dairy industry can further participate in the H-2A visa program. This long-overdue policy shift was announced in a statement from the Department of Agriculture which cited new guidance from the Department of Homeland Security and Department of Labor clarifying H-2A eligibility for the dairy industry. This guidance marks a significant victory for dairy farmers nationwide who have struggled under the constraints of a strictly seasonal program while managing year-round operations

“This is a welcomed policy change for our dairy members, and we are hopeful it is just the beginning of continued H-2A program expansion,” said John Hollay, NCAE President and CEO. “President Trump’s administration continues to take action to provide common sense solutions for American farmers in search of legal workers at a time when U. S. workers are not willing to do the job. By opening the door for the dairy industry to take advantage of the only legal program for foreign agricultural workers, President Trump continues to move us in a direction of needed reform.”

While celebrating this major administrative victory, NCAE emphasizes that the work is just beginning. Transitioning a sector like dairy into the H-2A program will require a robust, coordinated effort across the federal government. For the H-2A program to successfully accommodate this new influx of program users, the Department of Labor (DOL), Department of Homeland Security (DHS), and Department of State will require significant structural support and sufficient funding to ensure the program operates as intended for current and new users.

“For this expansion to succeed and the H-2A program to work as intended, our federal agencies must have the resources and regulatory structures necessary to handle the increased volume efficiently. NCAE looks forward to working with the administration and congressional leaders to ensure the H-2A program is reformed to meet the needs of all producers and that it receives the structural support required to protect our food supply chain. Furthermore, we hope this historic administrative step paves the way for further access for the dairy industry into the program, as well as parity among other vital agricultural industries, such as mushrooms, livestock, and controlled environment agriculture, who face similar year-round labor challenges and currently lack access to the program.”

“With the H-2A program now opening its doors to dairy operations, navigating the regulatory landscape will be a top priority for producers looking to utilize this benefit. NCAE stands ready to guide new dairy applicants through the complex H-2A program, offering the specialized expertise, advocacy, and compliance support needed to secure a stable workforce.”

The Idaho Dairymen’s Association, a key member of NCAE, also weighed in with appreciation for the administration’s action. “The Idaho Dairymen’s Association thanks the Trump Administration for the Guidance on Temporary or Seasonal Need for H-2A Petitions for Dairying just issued,” said Rick Naerebout, CEO of Idaho Dairymen’s Association. “The new guidance acknowledges the flexibility that Idaho dairy producers believe has existed on the definitions of temporary work periods and seasonal jobs in the H-2A visa program. While there is more work to be done to ease the farm labor crisis, this move can help dairy farmers keep food safe and affordable for all Americans.”

Dairy farmers and agricultural employers interested in navigating this new landscape are encouraged to join NCAE to access exclusive compliance resources and industry-leading guidance. For more information on membership, visit ncaeonline.org.

About NCAE

Founded in 1964, NCAE is the only national association focusing exclusively on agricultural labor issues from the agricultural employer’s viewpoint.

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NCAE Responds to Order Denying Preliminary Injunction

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NCAE Responds to Order Denying Preliminary Injunction

Arlington, VA – Thursday, May 14, 2026

The U.S. District Court in the Eastern District of California has released an order denying the United Farm Workers’ request for Preliminary Injunction in the litigation against the Department of Labor (DOL) on the DOL Interim Final Rule. In the order, the Judge found that the UFW failed to demonstrate irreparable harm, and thus denied their request for preliminary injunction to halt the enforcement of the rule. The Interim Final Rule stands in effect as a result.

“We applaud the Court’s decision to deny the UFW’s request for preliminary injunction on the Department’s AEWR Interim Final Rule,” said John Hollay, NCAE’s President and CEO. “For too long, employers have been forced to pay wages that were detached from economic reality and put American agriculture at strategic disadvantage on the international market. That is why NCAE, with the support of the California Farm Bureau Federation, filed an Amicus Brief in support of the Trump Administration. The DOL IFR levels the playing field for America’s farmers, ranchers and growers. We are deeply appreciative that the Court in California denied this motion which would have wreaked havoc on H-2A employers during a busy growing season.”

About the National Council of Agricultural Employers (NCAE)

NCAE is the only national association focusing exclusively on agricultural labor issues from the employer’s perspective. NCAE is the voice of agricultural employers on employment, safety, and labor law issues and is dedicated to providing American farmers and ranchers with the best available information, tools, and advocacy for managing their workforce.

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NCAE Responds to President Trump’s Remarks in State of the Union Address

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NCAE Responds to President Trump’s Remarks in State of the Union Address

Arlington, VA – Tuesday, February 24, 2026 – President Donald J. Trump concluded his first State of the Union of his second term late tonight. During his address, President Trump highlighted the steps taken by the administration to enhance economic prosperity and further secure the Nation.

“We now have the strongest and most secure border in American history by far. In the past 9 months, zero illegal aliens have been admitted to the United States. But we will always allow people to come in legally. People that will love our country and will work hard to maintain our country,” said President Trump, early in his remarks.

“President Trump’s State of the Union once again demonstrated his personal commitment to overcoming our challenge of accessing a legal, reliable workforce to continue producing food right here in America,” stated John Hollay, President and CEO of the National Council of Agricultural Employers. 

“By securing the border,” Hollay added, “the President has taken the steps necessary to ensure Congress can now move expeditiously to give us the workforce we need to ensure our nation’s food security and keep our farming operations in business. NCAE stands ready to work with President Trump and Congress to bring in the legal farm workers we need who love this country and want to help us maintain it, as the President said.”

About the National Council of Agricultural Employers (NCAE)

NCAE is the only national association focusing exclusively on agricultural labor issues from the employer’s perspective. NCAE is the voice of agricultural employers on employment, safety, and labor law issues and is dedicated to providing American farmers and ranchers with the best available information, tools, and advocacy for managing their workforce.

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Judge Sets Hearing Date For Challenge to Adverse Effect Wage Rate

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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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