AmericanHort has joined more than 25 agricultural organizations in filing an amicus brief defending the Department of Labor's (DOL) updated H-2A wage rule.
An amicus brief ("friend of the court") is a legal document filed by organizations not directly involved in a lawsuit to provide relevant information, expert perspectives, or legal arguments to influence the court's decision.
The coalition maintains that reform is essential to shielding growers from unsustainable labor cost spikes and providing the stability businesses need. The lawsuit challenging the updated DOL rule is expected to inject damaging uncertainty into an already strained labor system that is essential to the operation of horticulture businesses.
The brief urges the court to reject efforts to dismantle the revised Adverse Effect Wage Rate (AEWR) framework. AmericanHort supports the Interim Final Rule and views the updated methodology as a necessary step toward restoring balance and predictability to the H-2A program. The horticulture industry needs stability to sustain domestic plant production and keep businesses competitive.
"Labor stability is foundational to maintaining America's domestic plant production," said Ken Fisher, President & CEO of AmericanHort. "The updated H-2A wage methodology reflects the real economic conditions growers face, giving businesses a framework they can plan around while continuing to protect workers. Predictable labor policy allows our industry to remain competitive, invest in growth, and support communities that depend on horticulture."
This comes as Congress approaches another funding deadline as appropriations for the Department of Homeland Security (DHS) expire at the end of the week. While lawmakers have finalized 11 of the 12 regular FY2026 spending bills, DHS remains unresolved due to ongoing disagreements over immigration enforcement policy. If negotiations continue to stall, Congress may be forced to pass a short-term extension to prevent a lapse in operations.
For horticulture employers, uncertainty surrounding DHS funding carries real workforce implications. DHS oversees agencies responsible for administering seasonal visa programs that many greenhouse, nursery, and landscape businesses rely on to maintain stable operations. Any disruption or slowdown in DHS functions could create processing delays and uncertainty for employers already facing tight labor markets and rising production costs.
The compressed timeline is made more challenging by the upcoming Presidents Day recess and several conferences that will pull many lawmakers away from Capitol Hill. Democratic leaders have continued to press for policy changes as part of the negotiations, while Republicans and the Administration have signaled opposition to several of those proposals, leaving the path forward unclear.
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AmericanHort
Email: [email protected]
www.americanhort.org
