USDA accuses California over implementation of “race-based farm land policies”

The US Department of Agriculture (USDA) escalated a dispute with California over the state’s draft plan to expand land access for minority farmers, warning that the proposal amounts to unconstitutional, race-based redistribution of agricultural property.

In a letter dated Dec. 11 to Governor Gavin Newsom (obtained by Fertilizer Daily), Agriculture Secretary Brooke Rollins said the state’s Agricultural Land Equity Task Force is considering recommendations that would channel public resources, regulate private land use, and provide financial assistance exclusively to certain racial and ethnic groups. The task force was created by state lawmakers in 2022 and is due to deliver a final report to the legislature by Jan. 1.

Rollins said the draft plan raises “substantial constitutional concerns,” arguing that several measures — including exclusive leases of state land, limits on who may purchase farmland, tax incentives and debt relief restricted to specific minority groups — would violate the Equal Protection Clause of the US Constitution and Proposition 209, California’s ban on race-based preferences. She also said elements of the proposal could constitute unlawful takings under the Fifth Amendment.

The letter marks the most direct federal challenge yet to California’s effort to address what state officials describe as long-standing barriers facing “socially disadvantaged farmers,” including tribes and other minority producers. The draft report asserts that broader diversity in land ownership would support ecological and climate-resilience goals. It also outlines potential mechanisms for transferring both public and private land to tribes and designated minority groups.

Tensions over the plan have mounted in recent months, with the task force’s preliminary recommendations drawing scrutiny from farm groups and property-rights advocates. Rollins’ warning introduces a new federal front, signalling that USDA under the Trump administration views the proposals as discriminatory and is prepared to intervene.

The department said it would “expect immediate legal action” if California moves ahead with the task force’s recommendations. The governor’s office has not yet issued a response to the letter.