California Attorney General Rob Bonta has led a group of 17 attorneys general in opposing a new interim final rule from the U.S. Department of Labor (DOL) that would lower wages for workers under the H-2A temporary agricultural worker program. The coalition argues that the rule, which was issued on October 2, 2025, abandons established wage-setting practices and introduces measures that could reduce pay for both foreign and domestic farmworkers.
Attorney General Bonta stated, “As the son of parents who joined Cesar Chavez and Dolores Huerta to defend farmworkers, I’m driven by the same commitment to protect these often-exploited workers, including those in the H-2A program. DOL’s new rule will take advantage of agricultural workers by quickly attempting to backfill a farming labor force that was largely weakened by the President’s very own immigration policies. California is one of the largest producers of agricultural products in the nation, and the workers who support that industry deserve to know that we have their backs.”
The H-2A program allows agricultural employers to hire foreign temporary workers when there are not enough domestic workers available. Employers are required to provide housing and transportation and pay a minimum wage determined by the Adverse Effect Wage Rate (AEWR).
According to Bonta’s office, this is President Trump’s second attempt to expedite changes that would lower wages in the H-2A program. The new rule moves away from using historical farm-specific data for setting wages and instead relies on survey data from non-farm businesses. It also creates two wage tiers—one for entry-level workers with lower pay—and increases administrative work for states. Additionally, employers can now deduct housing costs from worker wages, reversing a requirement in place since 1987 that mandated free housing.
The coalition’s letter outlines several concerns with the rule:
– It bypasses standard notice-and-comment procedures under federal law.
– It removes long-standing reliance on farm-specific data for wage calculations.
– It introduces a lower job category that further reduces pay.
– It undermines legal requirements for employer-provided housing.
– It uses an unclear “majority duties” standard allowing higher-paying jobs to be classified as lower-paid fieldwork if performed less than half the time.
– It does not address past violations within the H-2A program.
– It could result in many farmworkers earning close to or below the federal poverty line.
With these changes, entry-level H-2A workers could see their hourly wage drop as low as $13.45, while experienced workers could earn as little as $15.71 per hour. The DOL acknowledges these adjustments may shift an estimated $2.46 billion from worker wages to employers.
Bonta emphasized his ongoing commitment to protecting farmworker rights in California and nationally. He has previously supported efforts to strengthen protections for H-2A workers and opposed prior attempts to weaken regulatory safeguards for temporary agricultural laborers.
Joining Bonta in filing comments against the rule were attorneys general from Colorado, Connecticut, Delaware, Hawai’i, Illinois, Maine, Massachusetts, Minnesota, Michigan, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, and Washington.
