Does the WA Attorney General Have an Axe to Grind with Farmers?

Imagine being accused of speeding–not by a traffic officer, but by a lawsuit from the state Attorney General, trumpeted by headlines across the region.

You just might feel a bit politically targeted.

Unfortunately, that’s not too different from what’s happened to an Eastern Washington farm now facing a lawsuit from the state AG, who claims the farm discriminated against local workers in favor of foreign guest workers.

On its face, the accusation is illogical.

Why would a farm prefer federal guest worker contracts over hiring local workers, when those guest worker contracts come with added transportation and housing costs, extensive red tape, surprise audits, and relentless targeting by labor activists? Not to mention triggering a higher minimum wage for all employees on the job?

The idea that farmers are “choosing” guest workers out of convenience or prejudice ignores reality.

Even more troubling is this: a core element of the federal H-2A guest worker program’s red tape is already devoted to safeguarding against any discrimination against local or U.S. workers. The law requires that farmers using the program first advertise the jobs and offer them to U.S. workers to make sure that there are no additional domestic workers that could fill the job openings–and if there are, they have to be hired first, before any guest workers are brought in. Only when no one domestically steps forward, can a farm proceed with hiring guest workers.

So if the state Attorney General’s accusations are true, the farm would already be in violation of the federal laws governing their involvement in the program.

This begs a series of serious questions:

Since the Washington AG’s claims against the farm are really about compliance with the rules of the H-2A program, why aren’t they being addressed through the federal enforcement process that already exists?

Why is the state Attorney General inserting himself into a federal matter, and using state law to do it?

When situations like these just don’t add up logically, you can almost guarantee that something else is going on behind the curtain.

So, what is the actual–likely political–motive for the state Attorney General to take matters into his own hands? Is it about sending a message to all farms using guest workers—even those doing it legally? Does he have an axe to grind with farmers who are working to help grow and harvest the incredible food we produce here in Washington?

The Washington farming community wants answers.