The filing also includes rationale for an exception to the Administrative Procedure Act that will limit notice and comment rules for their Interim Final Rule. Here are some snippets:
“There is ample data showing immediate dangers to the American food supply. The methodology for calculating AEWRs in the vacated 2023 AEWR Final Rule and even under current 2010 final rule, both of which used a single average gross hourly wage for the vast majority of H-2A jobs without regard to the qualifications of the employer’s job offer or how much time a worker spends performing specific duties during a work contract period poses an imminent risk to the supply of agricultural labor by setting unreasonably high price floors on labor. This IFR addresses and solves this imminent threat by implementing an AEWR methodology that results in more precise market-based price floors that still serves its statutory function of protecting American workers, but also, ensures that American supermarkets and U.S. consumers will have access to safe, affordable and American-grown produce.”
“The near total cessation of the inflow of illegal aliens combined with the lack of an available legal workforce, results in significant disruptions to production costs and threatening the stability of domestic food production and prices for U.S consumers. Unless the Department acts immediately to provide a source of stable and lawful labor, this threat will grow as the tools Congress provided in H.R. 1, One Big Beautiful Bill Act, to enhance enforcement of the nation’s immigration laws are deployed.”
“Accordingly, because notice and comment rulemaking would be impracticable and against the public interest, the Department hereby promulgates this IFR pursuant to 5 U.S.C. 553(b)(B). For the same reasons, good cause exists for the IFR to take immediate effect, and therefore, the Department sets the Effective Date to October 2, 2025 pursuant to 5 U.S.C. 553(d)(3).[57]”
Don’t like reading? Here’s a summary:
Our short-sighted cruel crackdown on immigrants has created a food emergency in the US. Turns out, we need immigrants to plant, cultivate, and harvest our crops…but we don’t want to pay them, so we’re changing the rules. Due to the emergency we created, we don’t want to follow the law that requires providing notice, allowing comments, and delaying implementation of our Final Rule.
If I’m an immigrant, do I choose to stay home and face the violence of roving gangs of criminals? Or do I choose to go to the US to earn a reduced temporary worker wage and face the violence of roving gangs of federal agents acting with impunity?