The US Department of Justice sued Loveland, Colo.-based Crop Production Services Inc. claiming it discriminated against at least three US workers, preferring to hire temporary workers through the H-2A visa program.

Crop Production Services imposed drug tests and background checks on US citizens before they could begin work at a rice-breeding facility in El Camp, Texas, according to the Justice Department. However, H-2A visa holders were allowed to begin work without completing the checks and, in some cases, never completed them.

The Justice Department also alleges the company refused to consider a limited-English proficient US citizen for employment, but hired H-2A workers who could not speak English. And all Crop Production Services’ 15 available seasonal technician jobs in 2016 went to H-2A temporary workers.

“The complaint identifies three individuals associated with CPS’ temporary worker program at the rice breeding facility conducted in 2016,” the company said in a statement to Staffing Industry Analysts. “CPS is aware of the complaint that was issued today, but is not able to comment on it as it is an active legal matter. … CPS is reviewing the allegations and determining its response.” 

H-2A visa rules require employers to recruit and hire available, qualified US workers before hiring temporary foreign workers, according to the Department of Justice.

“In the spirit of President Trump’s Executive Order on Buy American and Hire American, the Department of Justice will not tolerate employers who discriminate against US workers because of a desire to hire temporary foreign visa holders,” Attorney General Jeff Sessions said. “The Justice Department will enforce the Immigration and Nationality Act in order to protect US workers as they are the very backbone of our communities and our economy. Where there is a job available, US workers should have a chance at it before we bring in workers from abroad.”

The workers also filed their own private suit, and are represented by Texas RioGrande Legal Aid.

Both suits were filed in the Office of the Chief Administrative Hearing Officer, a specialized administrative court that Congress created to resolve such claims.