Filed Date: July 20, 1983
Closed Date: March 13, 1985
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In 1983, an association of Virginia tobacco growers filed suit in the United States District Court for the Western District of Virginia, challenging the "50% rule" of the Department of Labor. Under the 50% rule, a employer who filed a temporary labor certification in order to hire foreign migrant workers, assured that it would provide employment to any qualified U.S. worker who applied during the first half (50%) of the contract period under which foreign workers were hired. The tobacco growers maintained that the 50% rule was an unreasonable regulation, was arbitrary and capricious, and was contrary to the purposes of the Immigration and Nationality Act.
The District Court (Judge Kiser) upheld the 50% rule, finding that it was within the Department of Labor's statutory authority. Virginia Agr. Growers Ass'n, Inc. v. Donovan, 579 F.Supp. 768 (W.D.Va. 1984). The Court of Appeals affirmed. Virginia Agr. Growers Ass'n, Inc. v. U.S. Dept. of Labor, 756 F.2d 1025 (4th Cir. 1985).
Summary Authors
Dan Dalton (12/10/2007)
Virginia Agricultural Growers Association, Inc. v. Donovan, Western District of Virginia (1983)
Chapman, Robert Foster (South Carolina)
Alderman, John P. (Virginia)
Damus, Robert G. (District of Columbia)
Goldberg, Arthur Joseph (District of Columbia)
Barry, Robert J. (Virginia)
Chapman, Robert Foster (South Carolina)
Kiser, Jackson L. (Virginia)
Knapp, Dennis Raymond (West Virginia)
Winter, Harrison Lee (Maryland)
Last updated Jan. 9, 2024, 3:01 a.m.
Docket sheet not available via the Clearinghouse.State / Territory: Virginia
Case Type(s):
Key Dates
Filing Date: July 20, 1983
Closing Date: March 13, 1985
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Virginia Agricultural Growers Association (group of tobacco growers)
Plaintiff Type(s):
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Case Details
Causes of Action:
Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.
Available Documents:
Outcome
Prevailing Party: Defendant
Nature of Relief:
Source of Relief:
Issues
Immigration/Border: