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Case Name Virginia Agricultural Growers Association, Inc. v. Donovan IM-VA-0003
Docket / Court 83-0146-D; 83-0147-D ( W.D. Va. )
State/Territory Virginia
Case Type(s) Immigration and/or the Border
Case Summary
In 1983, an association of Virginia tobacco growers filed suit in the United States District Court for the Western District of Virginia, seeking to invalidate the Department of Labor regulation 20 C.F.R. § 655.207(b), which established a methodology for setting hourly agricultural adverse effect ... read more >
In 1983, an association of Virginia tobacco growers filed suit in the United States District Court for the Western District of Virginia, seeking to invalidate the Department of Labor regulation 20 C.F.R. § 655.207(b), which established a methodology for setting hourly agricultural adverse effect wage rates (AEWR). The AEWR was a minimum hourly wage that employers had to agree to pay domestic field workers before the Department of Labor would certify that the admission of aliens to work in the growers' field would not adversely affect the wages of similarly employed U.S. workers. The tobacco growers contended that the AEWR regulation violated the Administrative Procedure Act in that it had no rational basis and was arbitrary and capricious.

After the parties filed cross-motions for summary judgment, the District Court (Judge Jackson L. Kiser) found for the plaintiff and held that the regulation was invalid, as it violated the Administrative Procedure Act. Virginia Agr. Growers Ass'n, Inc. v. Donovan, 597 F.Supp. 45 (W.D.Va. 1984). The Department of Labor appealed.

The Fourth Circuit Court of Appeals reversed, finding that the regulation was properly adopted, The Court remanded with instructions that the trial court enter summary judgment in favor of the Department of Labor. Virginia Agr. Growers Ass'n, Inc. v. Donovan, 774 F.2d 89 (4th Cir. 1985).

We have no further information on this case.

Dan Dalton - 12/10/2007


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Issues and Causes of Action
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Issues
Immigration/Border
Employment
Temporary foreign workers program
Plaintiff Type
Private Plaintiff
Causes of Action Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.
Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Defendant(s) Department of Labor
Plaintiff Description Virginia Agricultural Growers Association (group of tobacco growers)
Class action status sought No
Class action status granted No
Prevailing Party Defendant
Public Int. Lawyer No
Nature of Relief None
Source of Relief None
Case Closing Year 1985
Case Ongoing No
Case Listing IM-VA-0002 : Virginia Agricultural Growers Association, Inc. v. Donovan (W.D. Va.)
Additional Resources
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  SUMMARY:The Nationwide Perez-Fuñez Permanent Injunction Provisions for Unaccompanied Children in DHS Custody
www.nilc.org
Date: June 2014
By: National Immigration Law Center (National Immigration Law Center)
[ Detail ] [ External Link ]

Docket(s)
No docket sheet currently in the collection
General Documents
Memorandum Opinion (597 F.Supp. 45) (W.D. Va.)
IM-VA-0003-0001.pdf | WESTLAW| LEXIS | Detail
Date: 08/22/1984
Source: Google Scholar
Opinion (774 F.2d 89)
IM-VA-0003-0002.pdf | WESTLAW| LEXIS | Detail
Date: 10/03/1985
Source: Google Scholar
Table Opinion (803 F.2d 714)
IM-VA-0003-0003.pdf | WESTLAW| LEXIS | Detail
Date: 10/09/1986
Judges Chapman, Robert Foster (Fourth Circuit, D.S.C.)
IM-VA-0003-0002
Kiser, Jackson L. (W.D. Va.)
IM-VA-0003-0001
Winter, Harrison Lee (Fourth Circuit, D. Md.)
IM-VA-0003-0002
Plaintiff's Lawyers Johnston, William A. (Virginia)
IM-VA-0003-0001 | IM-VA-0003-0002
Karalekas, S. Steven (District of Columbia)
IM-VA-0003-0001 | IM-VA-0003-0002
Kletzkin, Morris (District of Columbia)
IM-VA-0003-0001 | IM-VA-0003-0002
Misler, Albert D. (District of Columbia)
IM-VA-0003-0001 | IM-VA-0003-0002
Moore, Robert N. (Maine)
IM-VA-0003-0001 | IM-VA-0003-0002
Thompson, W. Carrington (Virginia)
IM-VA-0003-0001 | IM-VA-0003-0002
Wiley, Dale M. (Virginia)
IM-VA-0003-0001
Willis, Robert (North Carolina)
IM-VA-0003-0001
Defendant's Lawyers Alderman, John P. (Virginia)
IM-VA-0003-0002
Damus, Robert G. (District of Columbia)
IM-VA-0003-0001
Goldberg, Arthur Joseph (District of Columbia)
IM-VA-0003-0001
King, Thomas R. (Virginia)
IM-VA-0003-0001
Tuddenham, Edward John (Texas)
IM-VA-0003-0001 | IM-VA-0003-0002

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