U.S. Department of Agriculture (USDA) Secretary Tom Vilsack on Wednesday told reporters in a daily White House briefing that the department plans to proceed with a $4 billion loan forgiveness program earmarked for socially disadvantaged farmers, despite a lawsuit filed in the Northern District of Texas claiming that it is unconstitutional because white farmers are not eligible.
Vilsack explained that these socially disadvantaged producers have experienced discrimination from the USDA and that, in the past, the USDA has “reimbursed people” for the discrimination, noting that the department has not, until now, addressed the “cumulative effect.”
“When I have the full advantage of all the USDA programs throughout the last 30 years, my operation could grow,” Vilsack said. “I could invest in more land. I could get the latest and best technology. I could plant my crop at just the right time. I could make more money. If I had limited access or no access to USDA programs, obviously my operation (is) significantly limited. So, the American Rescue Plan’s effort is to begin addressing the cumulative effect of that discrimination in terms of socially disadvantaged producers.”
The secretary also said that previous COVID-19 relief packages, prior to the American Rescue Plan, which allowed for this specific program, gave a disproportionate amount of benefits to white farmers because of how the programs were structured with respect to size and production.
“I think there is a very legitimate reason for doing what we are doing,” Vilsack said, adding that “it has to be complemented with additional steps, which the American Rescue Plan provides,” including an equity commission, among other things.
In the complaint challenging the program’s constitutionality filed in late April, Sid Miller, represented by Mitchell Law PLLC, America First Legal Foundation, and The Fillmore Law Firm L.L.P., claimed that because the USDA’s definition of “socially disadvantaged farmers” specifically includes “African Americans, Hispanics, Native Americans, Alaskan Natives, Asian-Americans, and Pacific Islanders,” and not white farmers, the program leaves white farmers and ranchers unable to access government aid because of their race.
Miller claimed that this is a violation of the equal rights law and asked the court to enjoin the USDA from using “racial exclusions” in its promotion of equal rights. He argued that race should not be a factor in any USDA programs.
Vilsack said he would let the Department of Justice handle the lawsuit as the USDA moves forward with the COVID-19 aid programs as announced. In addition to answering a question about this lawsuit at the press briefing, Vilsack talked about food and nutrition security and answered additional questions from reporters.
