A national legal organization filed an amicus brief on Monday challenging the U.S. Department of Labor’s administrative court system, arguing that the agency overstepped its constitutional authority when it hit a family farm with $550,000 in penalties.
The Southeastern Legal Foundation (SLF) submitted the brief on behalf of the National Council of Agricultural Employees (NCAE) and more than a dozen national and state agricultural associations. The filing stems from an enforcement action against Sun Valley Orchards, where the Department of Labor levied the massive fine, largely tied to a single alleged violation within the H-2A agricultural visa program.
After Sun Valley Orchards disputed the penalty, the case was routed to the Department of Labor’s internal administrative court system. Following a four-day trial, administrative law judges—who are employed directly by the Department—ruled in favor of their agency.
In the amicus brief, SLF and NCAE argue that forcing farmers into agency-run tribunals rather than independent federal court violates constitutional protections. The filing contends that the arrangement allows the executive agency to function simultaneously as lawmaker, prosecutor, and judge.
“The Department’s reading amounts to a broad, undefined, and unchecked delegation of legislative power — violating basic principles of constitutional interpretation,” the SLF brief states. “The Court would be obliged to confront that enormous grant of power, not construe around it. And it would be unconstitutional.”
Legal representatives for the coalition argue that the structure deprives agricultural businesses of an impartial judicial process when challenging administrative enforcement actions.
“Farming is the backbone of the American economy,” SLF President Kim Hermann said in a statement. “These hard workers face some of the most grueling and challenging physical labor just to provide the groceries that we all purchase with ease. Why a government agency would choose to make life harder for these people and impose truly ruinous fines is completely beyond me. We cannot take their hard work for granted, and that’s why we must fight to make sure the government isn’t making their lives harder by enforcing random fines.”
Industry groups representing temporary worker employers also criticized the administrative tribunal process, arguing that participation in federal visa programs should not strip farm owners of basic legal rights.
“American farmers have been subjected to a disciplinary system that has turned the Department of Labor into judge, jury and executioner in the H-2A program,” said NCAE President and CEO John Hollay. “Our amicus brief makes the case for why employers should not relinquish their constitutional rights just because they rely on the H-2A visa program to keep their farms in business. We remain confident the Justices will protect the rights of the American farmer.”
Founded in 1976, the Southeastern Legal Foundation is a nonprofit legal advocacy group focused on constitutional law and federal regulatory oversight.
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