April 17, 2026
FOR IMMEDIATE RELEASE
Contact: Jimena de Haro, jimenad@cdmigrante.org
Carol Brooke, carol@ncjustice.org
Migrant Farmworker Files Suit Alleging Violations of Trafficking and Wage Laws by North Carolina Farm and Labor Contractor
Wilmington, North Carolina.- Fernando Javier Rodríguez Luna, a migrant farmworker who worked in North Carolina with an H-2A agricultural visa, filed a class action lawsuit today alleging violations of trafficking and wage laws by farm labor contractor Alvino Avilez Castaneda, Avilez & Sons Harvesting LLC, and Jackson Farming Company of Autryville.
Centro de los Derechos del Migrante, Inc. (CDM) and the North Carolina Justice Center represent the worker, who filed the lawsuit in the United States Eastern District of North Carolina, Southern Division.
The suit claims that the Avilez Defendants, in an attempt to prevent workers from leaving their employment, confiscated workers’ passports —an act prohibited by the Trafficking Victims Protection Reauthorization Act (TVPRA) and North Carolina law regarding involuntary servitude—and only returned the workers’ passports when the U.S. Department of Labor initiated an investigation. The suit further claims that dozens of H-2A agricultural workers, including named Plaintiff Fernando Javier Rodríguez Luna, were charged thousands of dollars in illegal fees when recruited as first-time employees. Defendants also failed to reimburse workers for their travel expenses and visa costs—a requirement for employers participating in the H-2A visa program.
Rodríguez Luna also alleges that he and other H-2A workers faced substandard working conditions and were routinely paid below the minimum wage rate they were entitled to, in violation of wage and hour laws, H-2A program rules, and the work contracts.
“In a climate where migrant workers are under constant attack, Mr. Rodríguez Luna is refusing to stay silent. He is courageously leading the fight for justice—for himself and his co-workers”, said Julia Solórzano, Legal and Policy Director at Centro de los Derechos del Migrante. We stand with him to demand accountability for the abuse and exploitation he and others endured.”
“From human trafficking to wage theft, the H-2A program is rife with abuse. Workers should not have to suffer and file lawsuits in order to recover what they are legally entitled to in the first place,” said Carol Brooke, Senior Attorney with the North Carolina Justice Center. “This case demonstrates yet again that stronger protections are needed for H-2A workers especially when H-2A labor contractors are involved.”
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Centro de los Derechos del Migrante, Inc (CDM) envisions a world where migrant workers’ rights are respected, and laws and policies reflect their voices. Through education, outreach, and leadership development; intake, evaluation, and referral services; litigation support and direct representation; and policy advocacy; CDM empowers migrant workers to defend and protect their rights as they move between their home communities in Mexico and their workplaces in the United States.
North Carolina Justice Center’s mission is to create lasting, equitable change for people with low incomes and those harmed by systemic oppression across our state. They partner with impacted communities and those they represent to pursue justice and prosperity for all through policy advocacy, strategic litigation, research, coalition-building and support for grassroots action.