For Immediate Release: March 5, 2022
Contact: Tandelyn T. Daniel
Director of Communications & Member Relations
(404) 765-0991
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Federation Appeal of the Denial of Motion to Intervene in Miller v. Vilsack
HEARING Scheduled:
1 PM CST
Monday, March 7, 2022
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East Point, GA — It is with great concern that the Federation of Southern Cooperatives/Land Assistance Fund (“the Federation”) prepares to persuade the Texas district court in Miller vs. Vilsack to allow the voices of and interests of Black 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. Our Appeal of the Denial of our Motion to Intervene in Miller v. Vilsack (Section 1005 Debt Relief Lawsuit) is scheduled for 1:00 PM CST on Monday, March 7, 2022.
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The Federation has been contacted by various farmers, the media, and organizations who would like to assist our efforts and stand in solidarity with Black farmers regarding debt relief.
A very diverse group of family farmers have rallied in support of Black farmers and other farmers of color and will be in attendance at the courthouse on Monday. Additionally, the Federation has developed hashtags for social media messaging, encouraged resharing our posts, and developed talking points to call attention in support of the debt relief distribution.
We were recently told the Court would be closed to spectators due to COVID-19 protocols, but our attorneys advised us:
1. Counsel presenting argument must report to Room 105 of the Wisdom Courthouse between 12:00 and 12:30 p.m. the day of argument. Counsel presenting argument in the 4th case on Monday may call 504-310-7804 to check in during that time.
2. Click on this link to listen live to an oral argument: West Courtroom. (Note, this link is active only during the hearing.)
3. Click on this link to listen to a recording of the argument after the hearing: Oral Argument Recordings. (Recordings are posted shortly after the hearing.)
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Some American Rescue Plan (ARP) Motion to Intervene Talking Points |
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- The Federation is intervening because the Judge needs to hear directly from our member farmers that the delayed implementation of Section 1005 will likely cause widespread farm and land loss.
- For 55 years, the Federation has worked to improve stability for Black farmers, their farms, and their land.
- To this day, our member farmers continue to face race-based discrimination in access to agricultural credit.
- The race-based discrimination in agricultural credit is so wide-spread that our Black member-farmers, regardless of their state, share virtually identical experiences.
- While the total number of eligible farmers under Section 1005 is low, the threat of irreversible Black land loss from the ongoing delay of Section 1005’s implementation is disproportionately high.
- Our member farmers, like all farmers and ranchers of color, did not share equally in the COVID-19 relief or farm subsidies.
- When our member farmers received letters from USDA promising debt relief, they accordingly increased their spending on farm inputs, equipment, and materials.
- The Section 1005 debt relief created an opportunity to chip away at race-based disparities in farm and land loss.
- Without Section 1005, our member farmers face disproportionate uncertainty about the future of their farms and farmland.
- Last year, our member farmers who relied in good faith on the debt relief guaranteed under Section 1005 had their farming operations detrimentally impacted by the delayed implementation of the program. They had less access to capital than they budgeted for when the anticipated debt relief never occurred.
- This year, our member-farmers face a second year of production challenges due to the delayed implementation of Section 1005. Our member-farmers report receiving distressing and confusing written communications from FSA and their guaranteed lenders regarding the threat of foreclosure. They are also experiencing increased difficulty making their farm management plans cash flow without the anticipated debt relief and even more difficulty accessing credit for their farming operations because they were unable to afford last year’s financial obligations without the promised debt relief.
- One of our member farmers told us the delayed implementation of Section 1005 reminded him that, in America, the desires of a few can outweigh the needs of all Black farmers and the Federation believes in an America that will dispel that idea.
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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.
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The Federation of Southern Cooperatives/ Land Assistance Fund | Website
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