- A Kentucky farm secured a court-ordered pause in a federal labor enforcement case.
- The Supreme Court is weighing if administrative law judges can legally impose monetary penalties.
- The ruling in 2026 could shift visa labor disputes to federal courts for jury trials.
(BERRY, KENTUCKY) – Triple R Farms, LLC won a court-ordered pause in a U.S. Department of Labor enforcement case, giving the Berry, Kentucky, tobacco operation relief as the Supreme Court weighs how far federal agencies can go in punishing visa-related labor violations through in-house judges.
The reprieve, confirmed on June 16, 2026, ties the farm’s case to the Supreme Court’s pending ruling in U.S. Department of Labor v. Sun Valley Orchards, LLC, a dispute over the H-2A temporary agricultural worker program and the government’s use of administrative law judges to impose monetary penalties.
Triple R Farms had been facing $70,049.93 in penalties and back wages after the Labor Department alleged the farm fired 11 workers before the end of the harvest and used a vehicle with insufficient seatbelts. The farm challenged the process itself, arguing the government could not seek money penalties in an administrative forum without a jury trial in federal court.
Judge Robert E. Wier of the U.S. District Court for the Eastern District of Kentucky ordered the parties on May 14, 2026, to “set aside current deadlines” and held the case in abeyance. He also paused an administrative hearing that had been scheduled for September 16, 2026, citing the “constitutional questions currently before the high court.”
The Supreme Court granted certiorari in Sun Valley Orchards, No. 25-966, on April 27, 2026. That case asks whether what the government describes as an immigration exception allows agencies to bypass the Seventh Amendment in visa-related labor disputes.
| India | China | ROW | |
|---|---|---|---|
| EB-1 | Oct 15, 2022 ▼61d | Jun 01, 2023 ▲61d | Current |
| EB-2 | Unavailable | Sep 01, 2021 | Current |
| EB-3 | Jan 01, 2014 ▲17d | Dec 22, 2021 ▲143d | Aug 01, 2024 ▲61d |
| F-1 | Feb 01, 2018 ▲153d | Feb 01, 2018 ▲153d | Feb 01, 2018 ▲153d |
| F-2A | Jan 01, 2025 | Jan 01, 2025 | Jan 01, 2025 |
David and Debbie Ross, the owners of Triple R Farms, said through their legal counsel on June 16, 2026 that the pause brought relief. “We’ve done nothing wrong and we want a jury of our peers to hear the evidence. All of it. It’s sickening what the government can get away with. but for now, we are grateful for the court’s pause.”
The dispute reaches beyond one Kentucky tobacco farm. Under 8 U.S.C. § 1188, the H-2A temporary agricultural worker program allows U.S. employers to hire foreign nationals for seasonal farm labor, and the Labor Department adjudicates terms and conditions of employment through administrative proceedings.
That structure has long let the agency investigate employers, bring cases and seek back wages or civil penalties without first going to federal district court. Triple R Farms’ challenge presses on whether that process still stands after the Supreme Court’s 2024 ruling in SEC v. Jarkesy.
In Jarkesy, the court held that the government cannot impose monetary penalties through administrative tribunals without offering a jury trial in an Article III court. Triple R Farms argues that the same constitutional rule should apply here, even though the case arises under a visa-linked farm labor system rather than securities law.
The Supreme Court’s answer in Sun Valley Orchards will decide whether H-2A and similar cases fall outside that rule. If the justices reject the Labor Department’s position, H-2A and H-2B penalty cases could shift to the Department of Justice for prosecution in federal district courts instead of agency-run hearings.
That change would alter how the U.S. Department of Labor enforces farm labor standards. Federal litigation typically demands more time, more lawyers and a heavier evidentiary burden than an administrative case, raising the prospect of fewer enforcement actions if each case must move through court.
Andrew Rogers, Administrator of the Wage and Hour Division, had framed the department’s enforcement posture in a statement on January 8, 2026. “Under the leadership of President Trump and Labor Secretary Chavez-DeRemer, the Department is enforcing the laws fully and fairly to promote equal competition for all job creators while protecting the rights and earnings of American workers.”
The pause also carries different consequences for different sides of the H-2A system. The Ross family avoids immediate financial exposure that they say threatened their generational farm, while workers who could recover back wages through the case must now wait for the courts to settle the constitutional question.
If administrative power narrows, workers seeking restitution for wage theft or housing violations could face a harder path, because the government would need to pursue those claims in federal court. The Solicitor General’s brief filed in April 2026 warned that a ruling for the farm would affect enforcement of a visa program that accounts for about one-sixth of the United States’ agricultural workforce.
Labor demand gives the case weight far beyond Kentucky. H-2A labor has become embedded in many planting and harvest cycles, and any shift in enforcement rules would affect growers, labor contractors, agencies and workers who depend on the program’s contracts and wage guarantees.
Triple R Farms, LLC v. United States Department of Labor et al is pending in the U.S. District Court for the Eastern District of Kentucky as No. 5:26-cv-00087. The Supreme Court case sits on the court’s docket as No. 25-966, while the Labor Department’s Wage and Hour Division newsroom and the USCIS newsroom continue to post enforcement updates that frame the wider fight over the H-2A temporary agricultural worker program.