DOL Says H-2A Penalty Case Belongs Before Agency Judge

April 24, 2026 · WOWERI

The US Department of Labor has urged a Kentucky federal judge to dismiss a constitutional challenge to its H-2A enforcement system. The department argues that hiring foreign workers is a government-granted privilege.

DOL Says H-2A Penalty Case Belongs Before Agency Judge

The US Department of Labor has urged a Kentucky federal judge to dismiss a constitutional challenge to its H-2A enforcement system. The department argues that hiring foreign workers is a government-granted privilege, rather than a private right. According to Law360, the DOL believes that the case should be heard by an agency judge, rather than a federal court. The department argues that the H-2A enforcement system is a government program, and therefore any disputes related to it should be heard within the program.

What This Means for Employers

The court's decision could have significant implications for employers who hire foreign workers under the H-2A program. If the court rules that the H-2A enforcement system is constitutional, it could lead to increased penalties and other sanctions for employers who fail to comply with the program's rules.

What Employers Should Do

Employers who hire foreign workers under the H-2A program are advised to closely monitor the situation and consult with attorneys to ensure compliance with all program requirements.

Source: law360.com