Black Farmer Debt Relief Lawsuit Update
For Immediate Release: January 24, 2022
Contact: Tandelyn T. Daniel
Director of Communications & Member Relations
(404) 765-0991
Many Black Farmers Facing Severe Economic Damage because Critical USDA $4 Billion American Rescue Plan Act Debt Relief Continues to be Delayed

East Point, GA —

It is with great concern that the Federation of Southern Cooperatives/Land Assistance Fund (“the Federation”) continues to work to persuade the Texas district court in Miller vs. Vilsack to allow the voices of and interests of our member-farmers to be heard during the Texas case that threatens their very existence. The impact of the delayed debt relief for black and underserved farmers as it pertains to the American Rescue Act is already being experienced by our member-farmers in the form of foreclosure letters and lost land.
 
The Federation continues to advocate for our member-farmers with all of the legal instruments available for the USDA promised black farmer debt relief under Section 1005 of the American Rescue Plan. The Federation cannot allow their voices to be excluded from this lawsuit because they have far too much to lose. The white farmers in the case will be able to provide their reasons for trying to prevent black and other farmers of color from receiving the USDA promised aid. In the spirit of racial justice and fairness the black and other farmers of color must be afforded the same opportunity to share with the judge why the case should be thrown out and they receive the USDA promised aid.
 
With the shift away from the racial equity focus on debt relief provisions of the Build Back Better legislation and its passage at a standstill, our members desperately need the Judge in this lawsuit to allow them to intervene as parties so they can share their experiences of racial discrimination and the very real risk of foreclosure our member-farmers, especially those with guaranteed loans, continue to face if Section 1005 is not fully implemented as passed last year.
 
Thus, the Federation of Southern Cooperatives celebrates the commitment Secretary Vilsack has shown towards the plight of the black farmers and all farmers and ranchers of color. Secretary Vilsack and the USDA continues to honor their commitment to racial equity, as shown by the last week's January 10th renewed Memorandum of Understanding (MOU) extending the partnership between the USDA and the Federation of Southern Cooperatives at our administrative offices. We remain committed to executing all existing avenues available to remove all barriers experienced by farmers of color.
Miller vs. Vilsack Case Background
In Miller v. Vilsack, five white Texas farmers filed a lawsuit against the USDA alleging that loan forgiveness payments violate the U.S. Constitution. This case is one of many ongoing lawsuits involving Section 1005 in other jurisdictions, including Florida, where a federal court issued a preliminary injunction against the program. Plaintiffs specifically argued that Section 1005 of the American Rescue Plan of 2021 (“ARPA”) violates the equal protection rights promised under the Constitution for farmers and ranchers who stand eligible for USDA loans but do not qualify for debt relief under the program. 

TIMELINE:
  • January 20, 2022 The Federation filed our Reply Brief

  • January 14, 2021 USDA & Plaintiff's Counsel filed their Response to our Appellate Brief

  • December 30, 2021 The Federation then filed an Emergency Appeal on behalf of our valued members

  • December 8, 2021 Texas District Court Judge Reed O’Connor denied the Federation's Motion to Intervene


  • March 11, 2021 Section 1005 of the American Rescue Plan, signed into law. ARAPA was designed to provide debt relief to Black farmers, and other farmers of color, who have long suffered at the hands of systemic harmful discrimination. The long-documented and acknowledged racist policies of denying and delaying loans prevented Black farmers from operating successful farm businesses, forcing foreclosures and continuing the shameful legacy of Black land loss in the United States.
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The Federation of Southern Cooperatives/Land Assistance Fund is a 55-year-old non-profit cooperative association of black farmers, landowners, and cooperatives. Our mission is to be a catalyst for the development of self-supporting communities through cooperative economic development, land retention, and advocacy. We envision sustainable rural communities supported by a network of farmers, landowners, and cooperatives based on local control and ownership. For more information, visit www.federation.coop
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