Trump administration’s pay cuts for migrant farmworkers ruled illegal

A federal judge in California ruled Wednesday that the Trump administration illegally lowered the wages of migrant farmworkers, in a move the government said was intended to offset the effects of its immigration policies.

In his 28-page order, U.S. District Judge Kirk E. Sherriff declared a Labor Department policy that lowered pay for foreign farmworkers in the H-2A visa program by about $7 to $5 an hour “unlawful.”

The Trump administration implemented the rule last fall without a comment period, saying it would reduce farmers’ labor costs by $24 billion over the next decade.

The administration said the immediate pay cuts were needed to offer the agriculture industry cheaper foreign labor as farmers grappled with the impact of immigration enforcement on their labor supply.

The United Farm Workers union and multiple farmworkers who are U.S. citizens sued the Trump administration last year, saying the rule “dramatically undercut” wages for U.S. farmworkers in violation of federal immigration law.

“This decision recognizes the important and essential work of the men and women who put food on our tables and that farm workers should get paid fairly,” Teresa Romero, president of the United Farm Workers, said in a statement responding to the ruling.

Sherriff did not cancel the lower pay rates but ordered the Labor Department to quickly introduce new wages consistent with his decision and inform employers that they may owe back wages.

The Labor Department did not immediately respond to a request for comment.

The Trump administration said in a filing in the Federal Register last October that the lower wages were a response to “ample data showing immediate dangers to the American food supply” caused by its own immigration policies, which have effectively sealed off the U.S.-Mexico border.

In recent years, American farmers have increasingly relied upon the H-2A guest worker program to source temporary workers, mainly from Mexico. The Labor Department certified about 398,200 positions in fiscal year 2025.

Farmers in California, Florida, Georgia, Washington and North Carolina are among the top users of the program, according to USDA data.

Under the Trump rule, pay for agricultural guest workers in California fell from $19.97 to $16.45 an hour, according to estimates from the United Farm Workers. In Georgia, wages dropped from $16.08 to $12.27 an hour.

Labor unions have criticized the H-2A program for exposing migrant laborers who are tied to a single employer to labor abuses and making U.S. farmworkers less attractive hires because they have more employment options and can try to negotiate higher rates.

Irene Mendoza, a U.S. farmworker from Texas who sued the Trump administration, said the wage cuts would make it difficult for her to pay for her children’s education and insurance coverage for a heart condition.

“Bringing in entire crews of H-2A workers saves companies money, but it comes at the expense of U.S. workers like me,” said Mendoza, who picks and packs green beans and potatoes, in a statement provided to The Post.

Lauren Kaori Gurley is the labor reporter for The Washington Post. She previously covered labor and tech for Vice for three years.