Document Type
Amicus Brief
Publication Date
6-24-2026
Case Name
Department of Labor v. Sun Valley Orchards, LLC
Abstract
INTRODUCTION AND SUMMARY OF ARGUMENT: The ninety-six temporary agricultural workers employed by respondent were allowed to come to the United States solely because Congress established the program that governs their employment. As petitioners’ brief demonstrates, in order for respondent to be eligible to bring in foreign workers, it had to submit an application to the Department of Homeland Security. As part of that process, respondent had to establish that it would not employ non-citizen workers to displace domestic workers. Included in the required showing is an agreement by respondent to pay both domestic and foreign workers the same pay, so that employers do not use the H–2A program to reduce their costs and deprive domestic workers of employment.
Petitioner Department of Labor (the “Department”) is charged with the responsibility for enforcing the requirements of the program, including those for equal pay. In carrying out this responsibility, the Department recognized that, because H–2A workers do not reside in this country, but are here only during their employment, employers such as the respondent can reduce the effective pay of those workers through various means that are not available in the case of domestic workers.
External Links
https://www.supremecourt.gov/DocketPDF/25/25-966/414907/20260624112714629_25-966%20Amicus%20Brief%20of%20Administrative%20and%20Constitutional%20Law%20Professors.pdf
Recommended Citation
Glicksman, Robert; Pierce, Richard; Morrison, Alan B.; Lubbers, Jeffrey; and Strauss, Peter L., "Brief Amicus Curiae of Administrative and Constitutional Law Professors in Support of Petitioners" (2026). Amicus Briefs & Court Filings. 71.
https://digitalcommons.wcl.american.edu/pub_disc_briefs/71
Included in
Administrative Law Commons, Constitutional Law Commons, Immigration Law Commons, Labor and Employment Law Commons, Supreme Court of the United States Commons