Congress moves to strip wage protections from migrant farmworkers
S.J.Res. 152 — A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of Labor relating to the Adverse Effect Wage Rate Methodology. · Filed by Alex Padilla (D-CA) · Introduced Mar 26, 2026 · Referred to committee
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What it does
This resolution uses the Congressional Review Act to cancel a Department of Labor rule that established how minimum wages are calculated for H-2A temporary agricultural guest workers in non-range (i.e., crop and farm) jobs. If passed, the rule — published in October 2025 — would be voided and DOL could not easily replace it. Agricultural employers who rely on H-2A workers stand to benefit from lower mandated wage floors, while migrant farmworkers and competing domestic workers could see reduced wage protections.
Why we flagged it
Despite its procedural CRA framing, this resolution functionally nullifies a Department of Labor rule that set minimum wage floors for H-2A guest workers in agricultural jobs, effectively reducing labor cost protections for migrant farmworkers.
What the text implies
- Nullifying the AEWR rule may suppress wage floors for H-2A visa holders, potentially depressing wages for domestic agricultural workers who compete in the same labor markets.
- The Congressional Review Act prohibition prevents DOL from issuing a substantially similar rule in the future without explicit new congressional authorization, effectively locking in lower wage standards absent legislative action.
The full analysis lists 5 implications of this text.
Who stands to gain
large agricultural employers; farm labor contractors; agribusiness corporations reliant on H-2A guest workers