Black farmers SUE Biden administration for watering down $4bn relief package

Black farmers are taking the federal government to court after the Biden administration watered down a proposed $4 billion debt relief program aimed at helping people of color in the agriculture industry.

The farmers have not received the relief package after nearly 18 months of waiting as the money was stalled in courts due to white farmers complaining the debt relief infringes on their constitutional rights. 

John Boyd, president of the National Black Farmers Association and a plaintiff in the class action lawsuit, said ‘they broke their promise to black farmers and other farmers of color.’

The program, part of the American Rescue Plan, would be used to pay up to 120 percent of direct or guaranteed farm loan balances for black, American Indian, Hispanic, Asian American or Pacific Islander farmers.

But after white farmers made a fuss over the proposition, it was reworked in August as part of The Inflation Reduction Act and separated into two funds. 

John Wesley Boyd, Jr., center, president of the National Black Farmer’s Association, said black farmers are suing the Biden administration because ‘they broke their promise’

Biden reneged on his original $4 billion plan to help black farmers with debt relief after white farmers filed injunctions and claimed they were being discriminated against

The original program would have paid up to 120 percent of direct or guaranteed farm loan balances for black, American Indian, Hispanic, Asian American or Pacific Islander farmers

A group of 12 farmers from nine states filed a lawsuit against the USDA alleging the program exempts white farmers and is a violation of their constitutional rights. 

Wisconsin Judge William Griesbach issued a temporary restraining order blocking the loan forgiveness program Biden put in place after saying he wanted to tackle longstanding inequalities for farmers of color. 

Judge Griesbach said the plan failed to provide adequate examples of recent hardships imposed on farmers from minority backgrounds. He also claimed that in trying to end one type of discrimination, the program ended up creating another.  

Now, one fund is for $2 billion dollars and will have the same goals as the first proposition – to help farmers who faced discrimination. 

The second fund is now $3 billion which will go to the Agriculture Department to pay or modify loans for farmers who have faced financial strain, regardless of race. 

The lawsuit filed by the black farmers alleges the modification of the plan breaches contracts, and the plaintiffs are now demanding damages be paid. 

‘This fight is about the land, because we’ve lost so much of it’ said Boyd. 

Marissa Perry, a spokesperson for the Agriculture Department, said the agency was on board with the original plan but could not pay out to the black farmers because of three injunctions from frustrated white farmers. 

Despite the agency’s support, they feared ‘this litigation would likely have not been resolved for years,’ which led them to support the new plan.

‘The Inflation Reduction Act — thanks to the leadership of Sens. Booker, Warnock, Stabenow, Manchin, and Schumer — moved to repeal those provisions and crafted something new,’ Perry told NBC News.  

She also assured the agency was ‘moving aggressively to implement these provisions.’

The original program was put in place in an effort to tackle longstanding inequities that have plagued farming. 

The Agriculture Department feared ‘this litigation would likely have not been resolved for years,’ leading to them supporting a new proposal – with less money for black farmers

Wisconsin Judge William Griesbach (pictured) blocked the loan forgiveness program and sided with a group of 12 white farmers who said the program violates their constitutional rights

It was hailed by civil rights groups as the most significant legislation for black farmers since the Civil Rights Act.   

Around 17,000 farmers of color would be eligible to access the assistance.

Minority farmers have maintained for decades that they have been unfairly denied farm loans and other government assistance. 

Federal agriculture officials in 1999 and 2010 settled lawsuits from black farmers accusing the agency of discriminating against them.  

Agriculture Secretary Tom Vilsack said the disparity had worsened during the pandemic. 

‘For generations, socially disadvantaged farmers have struggled to fully succeed due to systemic discrimination and a cycle of debt,’ he told The Washington Post. 

‘On top of the economic pain caused by the pandemic, farmers from socially disadvantaged communities are dealing with a disproportionate share of COVID-19 infection rates, hospitalizations, death and economic hurt.’ 

Data from the USDA shows the number of black farmers has shrunk from one million around a century to 45,000 today.