Citing the Immigration and Nationality Act (INA), the Department of Justice (DOJ) has sued Crop Production Services Inc. of Colorado for not hiring American workers but instead taking on foreign H2-A visa workers. It is the first prosecution since President Trump’s American First executive order of April 18.
According to the DOJ, the INA makes it unlawful for employers to intentionally discriminate against Americans because of their citizenship. The H2-A visa program also mandates employers to first seek out available U.S. workers.
In May the DOJ reached a settlement with an onion farm in New Mexico over the same charge of preferring foreign workers. Crop Production Services and the DOJ were unable to reach an agreement, however, leading to the lawsuit.
“In the spirit of President Trump’s Executive Order on Buy American and Hire American, the Department of Justice will not tolerate employers who discriminate against U.S. workers because of a desire to hire temporary foreign visa holders,” Attorney General Jeff Sessions said in a statement.