A farm employee works near Coachella, Calif., in 2024. A California union has sued to stop new, lower-wage guidelines for foreign worker visas. (Photo by Mario Tama/Getty Images)

A California union and a group of farmworkers from around the country are suing to stop new, lower-wage federal guidelines that save money for farmers but cut pay for temporary foreign agriculture workers — hurting local laborers as a result, the suit alleges. 

In a lawsuit filed Friday in federal court, the United Farm Workers and 18 individual workers sued the U.S. Department of Labor over the October guidelines for laborers who are in the United States under temporary, H-2A visas. The new guidelines set lower wages — differentiating them by state — including pay cuts to account for the value of free housing provided by law to foreign workers. 

“Farm workers, and the rural communities across America they sustain, need and deserve fair wages and job security, not a race to the bottom with an endless supply of cheap foreign labor,” Teresa Romero, president of the United Farm Workers, said in a statement announcing the lawsuit. 

The new Trump administration rules are “drastically cutting the minimum wage that U.S. employers must pay foreign farmworkers, all while costs and wages in other sectors have sharply increased,” the lawsuit states, adding that the lower pay for foreign workers will also force cuts for American workers. The lawsuit asks a federal judge in California to halt implementation of the guidelines and recalculate wages. 

The lawsuit also objects to first-time pay differentials based on the value of employer-provided housing. It alleges violations of laws requiring that foreign visas not affect wages of U.S. workers with similar jobs. 

The cuts “will severely impact farmworkers — some of the most vulnerable members of our society and many of whom already live in poverty,” according to the lawsuit. 

One worker, not identified by name, works in Missouri with an H-2A foreign worker visa was formerly paid $17.83 an hour and will suffer a $4.08 pay cut, leaving him unable to afford food and essential protective clothing for his job helping with squash, eggplant and other vegetables, according to the lawsuit. 

One worker, Irene Mendoza, a U.S. citizen, said in the lawsuit that her wages could be cut by $3.22 an hour, to $13.78, because of the guidelines, even though she doesn’t need a foreign worker visa, forcing her to get a second job to pay for food, housing and transportation between jobs in some of the states where she works. Mendoza said in the lawsuit that she works picking and packing green beans and potatoes in Michigan, Minnesota, Texas and Wisconsin.

The lower wage guidelines vary by state and are subject to state minimum wage laws that could make them higher in some states. In North Carolina, for instance, the new hourly wage is $11.09 for less-skilled workers, compared with $16.16 last year, and $12.27 for local workers who don’t need housing, according to a Cornell University analysis.

The Department of Labor referred a Stateline request for comment to the Department of Justice, which declined comment. 

Some farmers and experts have hailed the new guidelines as lifesavers that will stave off bankruptcy as costs rise and some prices for their farm goods stay low. 

Almost half the H-2A visas in the 2025 fiscal year were in a small group of states including Florida (60,000), Georgia (44,000), California (37,000), Washington state (36,000) and North Carolina (28,000). The government expects an additional 119,000 visas to be issued under the new rule, on top of the nearly 420,000 a year issued in recent years. 

Public comments on the rule are open until Dec. 1.

Stateline reporter Tim Henderson can be reached at thenderson@stateline.org.

Farmworkers gather produce near Hemet, Calif. The Trump administration is making it easier for farmers to employ guest workers from other countries. (Photo by Mario Tama/Getty Images)

In a tacit admission that U.S. food production requires foreign labor, the Trump administration is making it easier for farmers to employ guest workers from other countries.

At the same time, U.S. Immigration and Customs Enforcement (ICE) in recent months appears to be refraining from conducting agricultural workplace raids, even as it scours Democratic-led cities for immigrants who are in the country illegally.

“We really haven’t seen agriculture targeted with worksite enforcement efforts, and early this year we did,” said Julia Gelatt, associate director of U.S. immigration policy at the Migration Policy Institute, a nonpartisan think tank.

The shifts come as many Americans are concerned about the rising cost of food, creating political problems for a president who campaigned on lowering them. Last week, the administration also announced it would lift tariffs on some foreign food products, including bananas, beef, coffee and tomatoes.

To ease labor shortages on farms and ranches, the administration last month made changes to the federal H-2A visa program, which allows employers to hire foreign workers for temporary agricultural jobs when there aren’t enough U.S.-born workers available. Under the new rule, the Department of Homeland Security will approve H-2A visas more quickly.

“Our immigration system has been broken for decades, and we finally have a President who is enforcing the law and prioritizing fixing programs farmers and ranchers rely on to produce the safest and most productive food supply in the world,” the U.S. Department of Agriculture said in an email to Stateline.

But the move to increase the supply of foreign agricultural workers conflicts with a July statement by Agriculture Secretary Brooke Rollins that “the promise to America, to ensure that we have a 100% American workforce, stands.”

Rollins also said the administration was committed to the mass deportation of immigrants who are here illegally, but that it would be “strategic so as not to compromise our food supply.” Ultimately, she said, the solution would be increased automation of agricultural jobs.

The government has issued about 420,000 H-2A visas for agricultural workers every year since 2023, which amounts to about half of the 812,000 agricultural worker jobs. They are concentrated in states that grow fruits and vegetables as opposed to grains, which are increasingly planted and harvested using machines. The government expects an additional 119,000 visas to be issued under the new rule.

Almost half the H-2A visas in the 2025 fiscal year were in Florida (60,000), Georgia (44,000), California (37,000), Washington state (36,000) and North Carolina (28,000).

Lower wages

The new H-2A rule also includes new hourly wage guidelines that vary by state but are lower than previous wages, and allows employers to charge workers for housing that used to be free. In North Carolina, for instance, the new rate is $11.09 for unskilled workers compared with $16.16 last year. In California, the rate is $13.45 for unskilled workers compared with $19.97 last year, though minimum wage laws in California and some other states would apply to those jobs, according to a Cornell University analysis.

In North Carolina, farmers are looking forward to lower labor costs, said Lee Wicker, deputy director of the North Carolina Growers Association, a trade association that brought 11,000 guest workers to the state through the H-2A guest worker program last year.

“If you think farmers are making more money in these conditions, you’re wrong. They’re going broke,” Wicker said. Workers will take a pay cut under new guidelines and will have to pay for housing, but that may help farmers stave off bankruptcy, he said.

“I’m not saying the workers are going to be happy about this, but I think they’ll come back. Wages have gone down before and they kept coming,” he added.

Jeffrey Dorfman, an agricultural and resource economics professor at North Carolina State University, said the changes will be a boon to the state’s farmers.

“The move to lower the H-2A wages by the Trump administration will be very well received by growers in North Carolina and will save farmers tens of millions of dollars statewide,” Dorfman said. “For many farmers, it will turn money-losing crops into money-making crops, if prices stay about where they are now.”

Unionized California farmworkers are opposed to the pay cuts and loss of free housing in the new guest worker visa plan, said Antonio De Loera-Brust, a spokesperson for the United Farm Workers, which represents about 10,000 workers in California.

The union sued the administration over ICE raids in the fields earlier this year, but recently “it’s been pretty quiet,” he said.

“For us it’s been really a one-two punch,” De Loera-Brust said. “First came the raids, which hurt workers, and now in order to appease business interests, they make all these concessions on wages and the guest workers program.”

Fewer raids

The administration quickly walked back a June directive to avoid raids on the agriculture and hospitality industries. Nevertheless, ICE raids on those employers have been more infrequent in the months since.

In June, ICE raided a dairy farm in New Mexico and a meatpacking plant in Nebraska. Since then, the agency has raided only a handful of food and agriculture employers, such as a July raid on a California marijuana grower and an Arizona restaurant chain, and a September raid to arrest Wisconsin dairy workers.

Earlier this month, ICE agents descended on an onion farm in Northern California, arresting four immigrants on charges of illegally selling farmworker visas.

Even as ICE ramps up its activity in North Carolina cities such as Charlotte and Raleigh, Wicker, of the growers trade group, said farms in the state have not been targeted.

Gelatt, of the Migration Policy Institute, said that’s been true of farms and ranches in many states since June.

“In past administrations we’ve seen a very quiet de-emphasis of immigration enforcement at farms. You don’t need to make an announcement. You don’t need to fight in the courts,” Gelatt said. “It is possible just to direct enforcement activities away from farms. It’ll be hard to know if that’s happened now, but I would not be surprised.”

While farmworkers in California are seeing some relief from raids, life is still uneasy for them, De Loera-Brust said.

“Overall, they have clearly slowed down [raids] in ag areas, but that’s not policy. They could resume at any time. People are living with uncertainty,” he said.

Stateline reporter Tim Henderson can be reached at thenderson@stateline.org.