A federal judge in Georgia on Monday issued a preliminary injunction barring the Biden administration from granting foreign farmworkers collective bargaining rights in 17 states, including Idaho.

A U.S. Department of Labor rule due to take effect Aug. 29 violates the National Labor Relations Act, according to U.S. District Judge Lisa Wood. The 1935 law grants workers the right to unionize, but excludes farmworkers.

The Biden rule prohibits agricultural employers from interfering with foreign farmworkers in the country on H-2A visas from forming or joining a union. U.S. workers on the same farm would have the same rights.

“Congress has not created that right. And in fact, the NLRA reflects congressional intent to not create such a right,” Wood wrote.

Wood declined to issue a nationwide injunction, limiting the ruling to the 17 states that filed the suit. Other district courts may rule, according to Wood.

The preliminary injunction applies to Idaho, Georgia, Kansas, South Carolina, Arkansas, Florida, Indiana, Iowa, Louisiana, Missouri, Montana, Nebraska, North Dakota, Oklahoma, Tennessee, Texas and Virginia.

The Biden administration argued the states were reading too much into the rule.

The rule expanded protections for foreign farmworkers vulnerable to exploitation, but didn’t give farmworkers collective-bargaining rights, according to the Labor Department.

“That position does not square with the language of the final rule,” Wood ruled. “In fact, much of the final rule’s language mirrors that of the NLRA.”

Wood’s ruling tees up challenges in other district courts, said Enrique Gastelum, CEO of WAFLA, a Washington-based organization that helps farms obtain seasonal foreign farmworkers.

“Now we have a playbook,” he said. “I do agree with the judge’s assessment. DOL was attempting to be a lawmaker, not just a rule-maker.”

Efforts to obtain comment from Labor Department were unsuccessful.

Wood’s ruling was not a final judgment on the lawsuit, but she said she issued the preliminary injunction because the 17 states are likely to win.

The Labor Department was warned it was overstepping its authority as it developed the rule, National Council of Agricultural Employers President and CEO Michael Marsh said.

“We are grateful for the court’s reminder and are hopeful the department might finally stay in their lane,” Marsh said in a statement.